Consumer Advocate

Published on: June 12, 2019

What Happens When Your Child Safety Lock Isn’t Child-Proof?

Ensuring your home is a safe place for your child to grow, learn and play is incredibly important. Many parents use the help of child safety locks in order to keep their curious toddlers from harming themselves as they explore the world around them. When those locks are defective, a child’s curiosity can turn into a parent’s nightmare.

In West Virginia, this nightmare became a reality for the parents of a three year old who managed to access a drawer which contained a chef’s knife. The knife was supposed to be safely locked away but the safety lock failed to successfully keep the toddler out, causing the baby to injure her right eye so badly that she may be impaired permanently.

As previously discussed in our post “Deadly Dressers,” in Florida, and all over the U.S., manufacturers will be held liable for dangerous or defective products under products liability or products negligence law. Without the ability to hold manufacturers accountable for manufacturing defective products, consumers would be vulnerable to unsafe products and victims of empty promises from manufacturers. Consumers must be able to trust manufacturers are not selling defective products. Especially when the products are supposed to protect the lives and well-beings of innocent children.

Published on: October 28, 2016

Bicycles, Beaches and Busy Streets

by Friedland | Carmona

Miami and the surrounding areas are known as very active flourishing communities in many ways. One thing all of these areas have in common are avid bike riders. Many members of the community choose biking as their favorite past time, a more efficient form of transportation, or a way to preserve the environment. This all sounds like a great trait for a community until you look at the number of bicycle riders injured or killed yearly in the Miami-Dade and surrounding areas due to negligent drivers.

It is important to note that bicyclist have many responsibilities when riding on public roads, however if you are injured in a bicycle accident or hit by a motorist your injuries you may have a claim for damages from the party that injured you. These tragic accidents can result in a daily struggle to recover. Sadly, many times these accidents are fatal and the families of the riders must move forward without their loved one and manage the loss of income, support, and services the family member was previously capable of providing to the household.

If you or a loved one is involved in an accident involving a bicycle it is important to contact an experienced bicycle injury attorney as soon as possible. Your attorney will be able to evaluate the liability among all of the parties and guide you to the solution that will result in the greatest remedy for your situation. A family member that becomes disabled or injured will never be replaced with any monetary award however, these remedies will help in the transition for the rest of the family in managing their new daily way of living.

Published on: October 24, 2016

Need a Lyft or an Uber?

by Friedland | Carmona

Uber and Lyft have increasingly become a streamlined part of everyday life for a majority of people looking for an inexpensive and convenient way to get around. Uber has over 15.6 million users a month in the United States and is a prominent transportation option for most of us who live in the Miami-Dade, Hollywood, Fort Lauderdale and other surrounding areas.Uber and Lyft are helpful and convenient but what happens when your ride doesn’t go as smoothly as planned? Both ridesharing companies employee the general public to use their own vehicles in conjunction with the Uber or Lyft platform to transport passengers and make a little extra money. Uber and Lyft operate a service that puts every customer in the car of someone they do not know. So, when there is a car accident and an Uber or Lyft customer is in the car during the accident what can they do?
Many people are surprised to hear that Uber and Lyft both provide additional insurance to their drivers. The companies require their drivers to carry specific insurance based on the type and frequency of services they plan to provide and based on the car they own. Additionally Uber provides $1 million of liability coverage per incident, $1 million of uninsured/underinsured insurance, comprehensive and collision insurance, no-fault coverage is provided in some states and coverage for bodily injury up to $50,000/individual/accident with a total of $100,000/accident and up to $25,000 for property damage.
It is very important to understand the urgency in reporting and filing your claim because there are limitations on how much time you have to take action before the opportunity expires. Contact the auto accident and personal injury attorneys at the Friedland | Carmona today to ensure you are properly cared for and potentially compensated for your accident.

Published on: October 12, 2016

Deadly Dressers

by Friedland | Carmona

Dressers leading to the death of small children sounds like a bad horror film. However, this unfortunate series of events has been a reality for at least three families so far. Sold in several small pieces requiring extensive instruction and a bit of time are the typical furnishings purchased from the Swedish company, IKEA.

IKEA is a leading furniture seller across the world and valued itself at over 11 billion dollars in 2012.¹ IKEA has been aware of the danger posed by the dressers and made a first attempt to remedy the defect by providing kits to every purchaser of the dressers with instructions to secure the dressers to the walls where they will stand. Unfortunately, this did not solve the problem and another infant death followed. After tragedy struck again IKEA made the decision to recall the dressers. The IKEA website describes the recall as follows.

The recall affects children’s chests and dressers taller than 23.5 inches and adult chests and dressers taller than 29.5 inches … manufactured and sold through June 2016 and include the 3-drawer, 4-drawer, 5-drawer and 6-drawer models. Other IKEA chests and dressers in this recall were sold at various times through June 2016.”

Published on: September 9, 2016

Advocating for Your Injured Child

by Friedland | Carmona

Sometimes a very unfortunate event affects those who cannot advocate for themselves because they are under the age of 18. If your child is injured on a playground, in a car accident, in a bicycle accident, at a store or in any way that results in a physical injury to your child and is someone else’s fault, you as their parent have the ability to bring a lawsuit on their behalf.

Children have the same access to remedies for harm to them as adults do and as their parents, you also have a right to recover medical expenses you incur while tending to the needs of your injured child.

Children have special rules in court. Some of these exceptions are:

Published on: August 27, 2016

Do I Still Have a Claim or Am I Out of Time?

by Friedland | Carmona

Someone rear ends you or hits you as your driving down the street. At the moment you don’t notice any pain or obvious injuries but as the weeks go on you notice discomfort in your neck, back, knees or other parts of your body. A common misconception among those injured in auto accidents in Miami is if they do not make the claim for injuries immediately after reporting the accident they are barred from recovery for injuries developed or intensifying in the future. Or you notice that the auto shop you took your car to for repairs did not adequately or completely make the fixes to your vehicle. These situations are common in the Miami- Dade, Coral Gables and all other surrounding areas in South Florida.

Every state has a statute of limitations that dictates how long a party has to bring a claim against those that injured them or breached the contract or duty owed to them. In Florida the statute of limitations includes but is not limited to the following:

Injury to Person	4 yrs. §95.11(3)(o)
Libel/Slander	2 yrs. §95.11(4)(g)
Fraud	4 yrs. §95.11(3)(j)
Injury to Personal Property	4 yrs. §95.11(3)(h)
Professional Malpractice	2 yrs.; Medical: 2-4 yrs. §95.11(4)(a) and (b)
Trespass	4 yrs. §95.11(3)(g)
Contracts	Written: 5 yrs. §95.11(2)(b), 1 yr. specific performance§95.11(5)(a)Oral: 4 yrs. §95.11(3)(k)
Judgments	20 yrs. domestic §95.11(1); 5 yrs. foreign judgment §95.11(2)(a)

From: http://statelaws.findlaw.com/florida-law/florida-civil-statute-of-limitations-laws.html

For a more complete list of the applicable statute of limitations in Florida see Florida Statute 95.11

Statutes of limitations involve many exceptions and cross reference with other applicable Florida laws. To assist in what can be a difficult area to understand and navigate the Experienced Personal Injury Lawyers at Friedland | Carmona are ready and eager to assist you immediately. Having a lawyer familiar with this area of law and experienced in handling all types of cases can make all the difference in the outcome of your claim.

The South Florida personal injury attorneys at the Friedland | Carmona handle all types of negligence, product liability, personal injury, negligent security, slip/trip and fall, and car accident cases throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale, and Palm Beach. The Friedland | Carmona handles all types of personal injury cases, including dog bites, wrongful death, defective products, medical malpractice, slip and falls, negligent and reckless drivers, and automobile and motorcycle accidents. Call the Miami personal injury attorneys today and let our family take care of your family.

Published on: August 21, 2016

Do I Need a Personal Injury Lawyer?

by Friedland | Carmona

Personal injury law is utilized when someone causes physical harm to another and the injured wants to be made whole or compensated for that injury. The experienced attorneys at Friedland | Carmona provide free consultations to those who believe they may have a case and are seeking more information on the options available to them. Examples of situations when people normally seek personal injury lawyers in Miami, Coral Gables, and the surrounding areas include but are not limited to:

Auto accidents,

Trip and falls/slip and fall: There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground. In any event, the plaintiff must have sustained some kind of injury, however minor, in order to collect, http://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall-accidents-overview.html

Published on: May 24, 2013

Many Top-Selling SUVs Perform Poorly in IIHS Test

by Friedland | Carmona

Thirteen SUVs were recently put through front-end crash tests by an insurance industry group and only two of those SUVs received approval ratings. Numerous of the popular models performed poorly in the tests. The only vehicle to get the top rating of “good” was the 2014 Subaru Forester. Mitsubishi’s 2013 Outlander Sport received an “acceptable” rating. The Insurance Institute for Highway Safety rated three of the top-selling models, the Honda CR-V, Jeep Wrangler, and Ford Escape as either “marginal” or “poor.”

Sales of small and mid-size SUVs are drastically increasing each year. These vehicles are desired for their good gas mileage and extra passenger and cargo space. Between 2005 and last year, sales of small and mid-size SUVs grew fifty percent. The IIHS ratings are looked at by many buyers before purchasing a vehicle. The group states that its ratings are meant to encourage automakers to make safer automobiles. The ratings here were issued after the “small overlap” crash test “that covers only 25 percent of a vehicle’s front end.” The IIHS tests are actually more stringent than the U.S. government’s “full-width front crash test.” The IIHS test takes into account the crashes that affect only one-quarter of the front end, which account for nearly a quarter of the crashes that cause fatal injuries to passengers riding in the front seat.

The top-selling SUV this year, the Ford Escape, received a “poor” rating. Ford released a statement claiming that the Escape is safe because it comes equipped with advanced safety features and a structure designed to handle the impact of a crash. Other SUVs that received “poor” ratings were the Buick Encore, Hyundai Tucson, Kia Sportage, and Jeep Patriot. Most of the vehicles involved in the test were designed before the IIHS created the “small overlap” test and most companies have stated that their vehicles meet or exceed all government safety regulations.

Only 2 of 13 small SUVs do well in crash tests, www.palmbeachpost.com May 16, 2013

Published on: December 26, 2012

Toyota Reaches $1 Billion Settlement

by Friedland | Carmona

Toyota Motor Corporation has reached a settlement with Toyota owners who claim the value of their cars and trucks “plummeted after a series of recalls stemming from claims that Toyota vehicles accelerated unintentionally.” The settlement, which is worth more than $1 billion, was filed today and must be approved by a U.S. District Judge. Pending approval, Toyota owners are happy with the settlement. Steve Berman, one of the lawyers representing the owners, stated, “We kept fighting and fighting and we secured what we think was a good settlement given the risks of this litigation.” This is the largest settlement in United States history for an automobile defect claim.

Toyota said the company would make a “one-time, $1.1 billion pre-tax charge against earnings to cover the estimate costs of the settlement.” Berman believes that actual value of the settlement is between $1.2 and $1.4 billion. Hundreds of lawsuits have been filed against Toyota, beginning in 2009, after it was discovered that the cars accelerated on their own, resulting in many crashes, injuries and deaths. Those who filed wrongful death suits against the carmaker are not part of this settlement; that trial is expected to begin in February. Those who suffered economic loss are part of this settlement and will receive cash payments from Toyota. “Toyota will offer cash payments from a pool of about $250 million to eligible customers who sold vehicles or turned in leased vehicles between September 2009 and December 2010.”

Toyota will also launch a $250 million settlement for the 16 million current owners to “provide supplemental warranty coverage for certain vehicle components.” Toyota has also created an override system that will ensure that the car will stop when the brakes are applied, even if the accelerator pedal is depressed. Further, additional driver education programs will be provided and Toyota will fund new research for vehicle safety technologies. More information is available at www.ToyotaELsettlement.com.

Settlement reached in Toyota acceleration cases, www.miamiherald.com December 26, 2012.

Published on: December 20, 2012

Toyota Camry Receives “Poor” Safety Rating

by Friedland | Carmona

The Insurance Institute for Highway Safety gave the new Toyota Camry a “Poor” in its newest safety rating series. The “Poor” rating for the Toyota Camry, which is the best-selling car in the United States, came in a test designed to measure “how well people are protected when the front corner of a car hits another car or object.” Due to the “Poor” rating, the Camry failed to get a “Top Safety Pick-Plus” rating. The Camry did perform well in the Insurance Institute’s other safety tests.

The Toyota Prius, Toyota’s gas-electric hybrid, also performed poorly on the test, but did receive a “Top Safety Pick” designation. According to the Insurance Institute’s President, “Toyota’s engineers have a lot of work to do to match the performance of their competitors.” In response to the report, Toyota stated that the test requirements were raised above government standards, but that the company will do its best to rise to the challenge.

Ten other mid-size cars received the “Top Safety Pick-Plus” rating, including the Honda Accord, Chrysler 200, Dodge Avenger, Ford Fusion, Kia Optima, Nissan Altima, Subaru Legacy, Subaru Outback, Suzuki Kashai and the Volkswagen Passat.

Toyota’s Camry performs poorly on new crash test, www.miamiherald.com December 20, 2012.