Product Liability

Published on: March 11, 2016

Hoverboards: A Sure Trip to the Emergency Room

Since at least Black Friday and during the past holidays, hoverboards were the go-to gift. Thousands of these motorized self-balancing scooters were sold. However, they’ve proved to be a serious and very dangerous safety hazard, catching on fire while charging, exploding, and, consequently, causing fires in people’s homes. Additionally, the device can malfunction and cause a rider to fall and sustain serious, life-changing injuries. According to U.S. Consumer Product Safety Commission’s Chairman, Elliot F. Kaye, some of these injuries have been serious, including concussions, fractures, contusions/abrasions, and internal organ injuries.

Additionally, top speeds are reached by the rider leaning forward, therefore increasing the risk of facial and head injuries. The agency also recommended riders have a spotter since the hoverboard begins to move quickly the second pressure is applied.

In Louisiana, Jessica Horne lost her family’s home after her 12-year old son’s Fit Turbo hoverboard exploded. A gyroboard caused significant damage to a home in New York. At a mall in Washington, a scooterboard caught fire and shoppers were forced to evacuate. The apparent danger is significant enough that major airlines have banned the two-wheelers altogether. But what is actually causing all these fires? In the New York and Louisiana incidents, the board was plugged in and recharging. In the mall incident, the board wasn’t plugged in at all; there have also been reports of scooters bursting into flames while people were riding them.

Published on: July 28, 2015

Fiat Chrysler Safety Recalls: U.S. DOT Announces Fiat Chrysler Enforcement Action

by Friedland | Carmona

Last week, Fiat Chrysler announced a voluntary recall of approximately 1.4 million vehicles in response to an incident earlier in the week in which hackers demonstrated that they could take control of one of the company’s cars using the Internet. Affected vehicles include several popular models made by Fiat Chrysler’s Jeep, Dodge, Chrysler and RAM brands. (Owners can check here to see what vehicles are included in the recall.)

Fiat Chrysler said in a Friday statement that affected customers would be given USB devices containing software to patch the security flaw. Dealership mechanics can also update the software, but the voluntary nature of the recall means many affected vehicles could remain vulnerable. Owners can check here to see what vehicles are included in this recall.

Moreover, this week, federal regulators are fining Fiat Chrysler $105 million for failing to acknowledge and address safety defects in a timely fashion. This is the largest civil penalty largest ever imposed by the National Highway Traffic Safety Administration (NHTSA), which will be accompanied by three years of “unprecedented” federal oversight, the agency says. Fiat Chrysler has also agreed to buy back some vehicles from their owners. The record fine includes a $70 million cash penalty, $20 million in spending to meet requirements and an additional $15 million due if there are any more violations.

Published on: July 15, 2015

Check your Airbags! FL Drivers are the Most at Risk by the Takata Airbag Recall

by Friedland | Carmona

“Check your airbags”, was the message given by Mark Rosekind, the head of the National Highway Traffic Safety Administration at a news conference last Tuesday. According to Rosekind, Florida drivers are particularly at risk from the defective Takata air bags, since around three-quarters of ruptured air bags the agency has tested are coming from Florida.

Rosekind was visiting Orlando to encourage drivers to check if their vehicles are affected by recalls of Takata air bag inflators. “Record breaking recalls last year,” he said during a press conference at the UCF Emergency Operations Center. “Over 60 million vehicles recalled. People are talking about ‘recall fatigue.’ People are getting their notice. It goes on the kitchen table, and people aren’t acting.” He visits Miami on Wednesday.

At least eight people, including Hien Tran of Orlando, have been killed and 100 have been injured by Takata air bags, which can explode with too much force and spew shrapnel into the vehicle. The injuries from Tran’s minor car crash last fall were so bad local authorities first thought it might have been a murder scene. The report released by federal traffic safety investigators, who investigated the crash, confirms the inflator in Tran’s recalled Takata airbag in her Honda Accord exploded with flying fragments that killed her.

The federal agency announced today its investigation into another air bag manufacturer, ARC Automotive, Inc. The company’s air bags went into older models of Fiat Chrysler Town and County minivans and Kia Optima midsize sedans.

Drivers can see if their air bags are under recall at www.safercar.gov. Federal officials say drivers should go to a dealer immediately for a replacement, if necessary. Continue reading

Published on: May 20, 2015

Airbag Recall: After a Decade of Denials, Takata Admits their Airbags are Faulty

by Friedland | Carmona

After months of pressure from the National Highway Traffic Safety Administration (NHTSA), yesterday, Takata Corporation, a Japanese company and one of the world’s largest suppliers of airbags admitted that their airbags are defective and has agreed to double the number of vehicles recalled in the United States to approximately $34 million, that is, one in every seven vehicles in American roads.

The expansion affects vehicles made by BMW, Chrysler, Daimler Trucks, Ford, General Motors, Honda, Mazda, Mitsubishi, Nissan, Subaru and Toyota. The NHTSA has established a new website, to provide regular updates on the status of this and other recalls and of NHTSA’s investigation, which can be accessed here.

Published on: April 10, 2015

A Whopper of a Story: North Miami Beach Resident finds a Screw in his Burger King Sundae

by Friedland | Carmona

One Monday morning in early February, Janet Yarbrough-Moody, a North Miami Beach resident and therapist stopped with her boyfriend, Gene at the Burger King located on West Dixie Highway in North Miami. She order an ice-cream cone and he order a vanilla ice cream sundae with chocolate syrup. Little did he know that it was no ordinary ice-cream sundae.

As they were driving home and eating their ice-creams, Gene felt something cold and hard in his mouth. At first he thought it was a nut that made it to the cup by mistake. He was in shock when he saw what it really was: a quarter inch screw! Yarbrough-Moody has tried to contact and inform Burger King’s customer service department of this hazardous incident and she has had no luck. However, a Burger King official made a statement to the Miami New Times promising that “food safety is a top priority” and that the company is investigating the incidents. You can read more regarding this incident here.

Screws are a serious choking hazard and food businesses should not take these findings in their restaurant chains lightly.

Published on: March 26, 2015

Airbag Recall Affects Thousands of Vehicles

by Friedland | Carmona

A new class action lawsuit against the Japanese airbag manufacturer, Takata, addresses the ever expanding numbers of cars affected by faulty airbags. The airbags have been known to violently inflate, explode before expanding enough to stop major damage, and even send dangerous metal shrapnel into the drivers and passengers of vehicles. Millions of vehicles produced by Honda, Nissan, Acura, and even some domestic companies like Ford and Chrysler have been recalled due to the dangerous airbags. You can read more about the ever increasing numbers of vehicles on the recall list here.

The manufacturer of these faulty airbags has been scrambling to identify all the vehicles that were produced with the model of airbag, but has struggled to determine the true number of vehicles affected. Honda alone has had to recall 14.3 million Honda and Acura vehicles, including the wildly popular Honda Civic and Honda Accord for several model years in the early 2000s. United States regulators have threatened the company with huge daily fines to press the company into faster and more efficient identification of all the vehicles that may have the airbags installed. To find out of if your car or SUV is part of the recall, please visit your car maker’s website and find recall information. Continue reading

Published on: September 4, 2014

Metal-on-Metal Hip Replacements Facing Large Lawsuits

by Friedland | Carmona

A resident of Oregon, Betty Schwartz, has filed a major personal injury and products liability case against the manufacturer of a metal-on-metal hip joint replacement, claiming multiple sources of damages. The lawsuit alleges that the manufacturer of her hip joint, Biomet, ignored the evidence of the damages caused by their product, labelled the “Magnum,” and continued to market a dangerous product that caused a slough of health related issues, including extreme pain, loss of motion, and even toxic metal build up in the blood. The Food and Drug Administration apparently had been receiving complaints as early as 2006 about metal-on-metal joint products like the “Magnum,” and reported this to the manufacturers.

Products like metal implants can cause more than just the original loss of motion, pain, and the alleged toxic metal build up in the blood. If a product is found to be defective, or endangering the health of the patient, the product has to be removed to prevent further damage. A second hip replacement surgery is more difficult, more painful, and oftentimes not as successful, due to a more complicated entry, less bone to work with, and the possibility of additional scar tissue and damage. Injuries caused by the faulty implant can therefore lead to a multitude of extended damages and injuries, and keep the patient immobile for a long time. You can read more about Betty Schwartz’ case, and determine more about the manufacturers that made and make these faulty joints here.

If you or someone you know has had complications with medical implants or joint replacements, call the Friedland | Carmona today! The attorneys at the Friedland | Carmona have handled a spectrum of cases concerning products liability, personal injury, and medical malpractice, and have the skills needed to get you the compensation you deserve. Check out our website, friedlandlawgroup.com to see a list of similar cases where our attorneys have obtained large settlements and court victories for victims of negligence and products liability.

Published on: August 29, 2014

GM Lawsuit to Reopen after Major Recall

by Friedland | Carmona

Early this month, automotive giant GM failed in their attempt to keep a Georgia court from reopening a products liability case due to their massive recall started last year. In 2010, young Brooke Melton was killed when her vehicle hydroplaned, and many of the safety features of the GM vehicle failed. Melton’s parents settled with GM last fall, but have since decided to reopen the case now that it has come to light the GM had constructive knowledge of the faulty ignition switch. The recall was introduced to solve this fundamental flaw in the switch, which in extreme cases lead the vehicle to shut off without provocation, causing the airbags and other safety features to disengage.

The Georgia court has agreed to rehear the case, now that the evidence of the ignition failures have come to light. The case has again brought to light the scandal of the mass recall, which is said to incorporate millions of vehicles from GM’s fleet the past 10 years. GM has since admitted that it was clear that employees knew about the faulty switches over ten years ago. GM is upset about the decision, feeling that the settlement between GM attorneys and the victim’s family had been reached in good faith, and prevented further action against them for the same negligence. The case is not to be heard until 2016, but could be fast-tracked due to the looming issue of the recall still fresh on the minds of drivers and consumers. More on the recall and the case of Brooke Melton can be found here.

Published on: July 22, 2014

Pennsylvania Woman Suing Target For Deep Lacerations Suffered While Browsing

by Friedland | Carmona

A woman in Pennsylvania is seeking large compensatory damages for deep lacerations and lost time after she cut her hands on a shattered bowl in a Target store. The woman is seeking damages from both Target and the bowl’s manufacturer, claiming that both companies were negligent in allowing a defective and dangerous product enter the flow of commerce, resulting in permanent damage to her hand. The Plaintiff, a nurse, is also suing for lost time, as she has not been able to work during her rehabilitation period.

Ms. Calabrase, the Plaintiff in this case, suffered nerve and bone damage when the shard of the bowl severed the nerves in her hands, causing major damage that will probably be permanent in certain aspects. Ms. Calabrase had to consult a hand surgeon,and underwent surgery to fix the nerve damage caused by the sharp bowl. These types of injuries demonstrate just how serious premises and product liability can be, and how cases vary from slip and falls to serious injuries while shopping.

Large retail stores like Target are responsible for maintaining safe stores and selling safe products to their customers. Injuries like those suffered by the Pennsylvania nurse can affect work and cause permanent damage, disability, and affect every aspect of life. Stores can be found negligent for failing to clean up spills that cause falls, selling defective products, and not maintaining proper security for their customers. The attorneys at the Friedland | Carmona have extensive experience in premises liability, and have secured large settlements and jury awards for Plaintiffs injured on the premises of stores like Target, Publix, and Wal-Mart. If you have been injured due to the negligence of a store or retailer, don’t hesitate! Contact the Friedland | Carmona today.

Continue reading here.

Published on: April 4, 2014

NHTSA Announces New Rule Requiring Rearview Cameras in New Vehicles

by Friedland | Carmona

The National Highway Traffic Safety Administration issued a final rule on Monday that requires all new cars and many light trucks to come equipped with rearview technology. The rule is an effort to minimize the number of deaths and serious injuries that occur as a result backup accidents. According to some, the rule comes years late.

The final rule will require all vehicles that are less than 10,000 pounds and are built beginning on May 1, 2018, to meet the new rear-visibility standards. The rule encompasses buses and trucks; trailers and motorcycles are exempt from the rule. The rearview cameras can be placed on many different parts of the rear of the vehicle. The cameras must provide drivers a field of vision measuring at least 10 by 20 feet immediately behind the vehicle. The rearview system must meet other requirements as well, including display time, lighting conditions, and dashboard image size.

An average of 210 deaths and 15,000 injuries are caused each year due to backup accidents involving light vehicles. The government said the victims of these accidents are often young children and the elderly. Children under 5 years of age make up 31% of the deaths each year and adults 70 years of age and older make up about 26% of the deaths each year. NHTSA reports that the new rule will save between 13 and 15 lives each year and will prevent up to 1,125 injuries each year.

NHTSA to require rearview cameras in new vehicles www.palmbeachpost.com March 31, 2014