Product Liability

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: July 28, 2017

Ride of Your Life.

by Friedland | Carmona

When people decide to get on one of the many rides that amusement parks, carnivals, and local fairs have to offer, their first thoughts are generally those of excitement and anticipation. Even with movies like Final Destination 3, most thrill seekers do not consider the possibility that one of the rides can malfunction or result in some kind of freak accident.

The claim is that statistically, ride-related injuries and deaths are extremely rare, and that a person is more likely to get struck by lightning. While statistics on ride-related accidents can often be hard to obtain, it seems as though this claim may have some merit. The International Association of Amusement Parks and Attractions (IAAPA) have noted that the chance of a serious injury occurring on a ride at a U.S. fixed-site amusement park is about 1 in 16 million. Why then are people becoming more and more hesitant about allowing themselves or their loved ones to get onto a ride?

Over the past decade or so, the number of ride-related incidents has risen tremendously. According to Amusement Safety Organization, there were over 1,500 significant injuries at amusement parks nationwide in 2014. Around one-half of those that are injured by amusement park rides are children between the ages of ten and fourteen years old. These incidents are not only restricted to temporary rides that are assembled at local fairs and shopping centers for a limited amount of time. Many reported incidents have occurred at the larger, more well-known, fixed-site amusement parks such as Six Flags, Disney World and Disney Land, and Universal Studios.

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: August 11, 2016

Even Wal-Mart Must Pay.

by Friedland | Carmona

Wal-Mart has over 290 locations just in Florida. Every year there are several cases brought against Florida Wal-Mart’s by customers who are injured while conducting business at the various locations. Wal-Mart has had to pay verdicts involving amounts in the several of thousands to several millions of dollars range due to their negligence in certain cases.

Wal-Mart, as does many businesses throughout the Florida and surrounding areas, invites the general public to come onto their properties lawfully for a multitude of reasons including browsing. Since Wal-Mart receives the benefit of their invitees on the property they have a legal duty to create and maintain a reasonably safe environment for all who enter the premises. Unfortunately, it is not uncommon for liquid substances to be left on the floor, shelves to protrude into walkways or fall because they are defective, for merchandise on the top shelf to topple onto someone passing by or for other accidents to occur regularly.

If you are injured at any business location and suffer personal injuries it is important to consult an attorney about the facts and details surrounding your accident. A Florida attorney can assist you in assessing whether the business breached its duty (or broke their obligation) to maintain the premises in a safe enough condition for you to lawfully enter onto and conduct business without being injured.

Published on: March 22, 2016

When your “Relaxation and Pampering” Day goes WRONG: Personal Injuries in Beauty Salons and Spas

by Friedland | Carmona

When people consider going to a spa or a beauty salon, they imagine themselves relaxing, distressing; an enjoyable experience. They go to beauty salons to boost their self-confidence and to feel better about themselves. However, for some people, going the spa experience can become their worst nightmare. As technology evolves, and the search for the fountain of permanent youth continues, cosmetic treatments are using powerful chemicals that may cause serious and permanent injuries when they are handled negligently.

Some of the injuries that occur at these stores include: Infections, burned scalp from hair dyes or other chemicals, disfigurement, baldness from hair braiding or extensions, neck injuries, and, less commonly, “beauty parlor strokes.”