Random Defective Products - Miami Product Liability Lawyer: Sean M. Cleary

The manufacturers of medical devices are bound by law to ensure the safety of their products. They can be held liable for placing dangerous or defective products on the market. Oftentimes, the manufacturers fail to conduct adequate testing and will place a device on the market with design flaws or defective functioning. Likewise, there have been many instances where a device or implant was designed appropriately, but it was manufactured in a way that was not consistent with the design, which is referred to as a manufacturing defect.

Any medical device which causes injuries and requires the user to undergo medical treatments is considered defective. The medical devices which are known to have caused injuries include:

• Artificial joints which caused mobility issues, severe pain, infections or other medical complications
• Meshes which had a high risk of forming adhesions and causing infections
• Blood clot filters which caused injuries due to poor manufacturing and which may also break, perforate veins or migrate from their initial position
• Dialysis products due to the chemicals used in the manufacturing process which inhibited blood flow
• Stents with improper closure which may lead to clot recurrence
• Bone screws or bone plates which weaken and break, causing extreme pain to the patient

The following medical devices have been recently recalled:

• CS 100i Intra-Aortic Balloon Pump. It sustains the left ventricle of the heart by increasing coronary perfusion and diminishing left ventricular work.
• Zenith Alpha Thoracic Endovascular Graft, recommended for the endovascular treatment of patients with isolated lesions of the descending thoracic aorta.
• Magellan Diagnostics LeadCare Ultra and LeadCare Plus test Kits for in vitro diagnostic use only.
• Absorb Bioresorbable Vascular Scaffold (BVS) system, a temporary scaffold used for improving coronary luminal diameter.

If you or a family member sustained injuries following the use of a medical device and even had to undergo a second surgery to repair the damage, please contact our product liability attorney. He will assist you with filing a claim for product liability so that you will recover the compensation you deserve for your suffering.

We might not be aware of the countless household products which we use daily until the item results in a serious injury. The manufacturing company is responsible for the defective product which injured you and they are also bound to provide financial compensation for your distress. Our product liability attorney, Sean M. Cleary, can help you obtain compensation from the designer, manufacturer, distributor or retailer of any defective product. We handle product liability claims involving defective consumer products which include:

• Cleaning products containing dangerous chemicals
• Children’s clothing, toys, furniture and other equipment
• Home and office furniture
• Defective personal grooming items, such as curling irons, electric shavers or hairdryers
• Defective electrical appliances, such as coffee makers, dishwashers, heaters, hotplates, lamps, microwaves or toasters
• Sporting goods

Defective household products can be the subject of a recall by the U.S. Consumer Product Safety Commission or can be voluntarily recalled by the manufacturer. The latest consumer product recalls include, but are not limited to:

• Dick’s sporting goods recalled resistance tubes due to injury hazard.
• Saber Grills recalled grills and LP regulators due to fire and burn hazard.
• Target recalled dressers because they can tip over if not anchored properly, posing a risk to children.
• A craftsman table saw model, sold exclusively by Sears Holdings, was recalled for injury hazards.

Dangerous products often result in serious injury, illness or even death. If your health was affected by a manufacturer, designer, marketer or any other negligent party responsible for making the defective product available to consumers, we are glad to help you take legal action by claiming compensation for your injuries, such as:

• Burns
• Catastrophic injuries
• Quadriplegia
• Paraplegia
• Spinal cord injuries
• Brain injuries

It is the manufacturer’s and the supplier’s responsibility to protect and warn the user of possible injuries. Liability for defective products which pose the risk of injury or death may fall upon the manufacturers, distributors or sellers. If you were the victim of a defective household product, do not hesitate to reach out to us, regardless of the severity of your injury. We will promptly review your case and help you obtain the financial compensation you deserve.

The Consumer Product Safety Commission estimates that, every year, there are over 254,000 toy-related injuries treated in U.S. hospital emergency departments. 45% of the injuries are to the head and face area, which is the most commonly affected area of the body. Some toys involve a danger by their nature, whereas others are dangerous due to some product defect or abnormality. Some examples of dangerous toys include, but are not limited to:

• Toys which involve electricity or heat, such as video game consoles and electronic skateboards which may overheat and cause burns
• Toys which involve small explosives, such as fireworks or cap guns
• Toys which mimic firearms and weapons, such as BB guns and airsoft guns
• Products which involve high-risk activities such as BMX bikes or small scooters – children may be struck and killed by motor vehicles while riding non-motorized scooters
• Any toy which involves sharp edges or points, such as slap bracelets, because they can cause lacerations, cuts, puncture wounds or eye injuries
• Toys which present choking hazards to younger children, such as water-absorbing toys or pieces from fidget spinners
• Toys made with dangerous substances, such as lead – if ingested, lead can cause behavior problems, learning disabilities, seizures and even death
• Toys which could result in strangulations

Other children’s products which may be unsafe, resulting in harm to young children, are the following:

• Car seats and child restraints
• Strollers
• Children’s clothing
• Bassinets
• Cribs
• Nightlight soothers
• Baby or toddler beds
• Baby baths
• Baby gates

If your child was seriously injured by a defective product, we strongly encourage you to reach out to our attorney, who specializes in product liability cases. He will carefully listen to your situation and provide you with the legal advice you need. You will thereby recover the compensation you deserve for the injury sustained by your child.

Cosmetics such as skin moisturizers, perfumes, lipsticks, nail polishes, makeup, shampoos, permanent waves, hair dyes, toothpaste and deodorants are essential for everyone. However, they can be hazardous to our bodies even when they are used properly due to various chemicals used in the manufacturing process. The Federal Food, Drug and Cosmetic Act does not require premarket approval for cosmetic products except for color additives. Consequently, the companies who manufacture or market cosmetics have the legal responsibility to ensure the safety of their products and ingredients.

Several injuries could be caused by faulty cosmetic products, including the following:

• Permanent or temporary disfigurement
• Loss of eyesight, hearing or feeling
• Dermatological conditions or diseases
• Disability, permanent or temporary

The most recent cosmetic product recalls are:

• Rockline Industries, Inc. recalled Dude Products Facial Wipe, 3 in 1 because the firm received complaints of mold.
• Beautycounter recalled Beautycounter volume and shape shampoo because the product was found to contain the bacteria Pseudomonas aeruginosa.
• Beautycounter recalled Beautycounter Nourishing Day Cream due to internal testing of the product, after noticing a peculiar odor, which subsequently led to the discovery of the bacteria Pluralibacter gergoviae in the product.
• Bymm Corporation DBA Kleancolor recalled Kleancolor Frameous Lash & Brow, Clear lash and brow mascara due to FDA sampling which found mold to be present in the product.

Companies must adhere to safety standards when creating and distributing their products. If you were injured by the product of a manufacturer, developer, researcher or marketer, you have the legal right to seek compensation for your physical and emotional distress. Our attorney will provide you with quality legal assistance and file a product liability claim on your behalf so that you can receive the money you deserve.

Defective landscaping equipment includes:

• Lawnmowers
• Hedge trimmers
• Leaf blowers
• Pressure washers
• Weed whackers
• Wheelbarrows
• Gardening tools
• Chainsaws

Approximately 35,000 people are treated in hospitals, medical facilities, clinics and emergency rooms for walk-behind power mower-related injuries every year, according to the U.S. Consumer Product Safety Commission. Many injuries which resulted from the use of lawn mowers require a multidisciplinary team of physicians to properly attend to the patient. Oftentimes, patients endure multiple hospital admissions and need to undergo surgery to restore form and function.

The types of injury lawnmowers may result in are:

• Indirect injuries. There are many cases of people injured by projectiles thrown from spinning blades. Penetrating trauma from flying debris is the most common cause of injury.
• Direct injuries. The spinning mower blades may inflict severe physical injuries. Upper and lower extremity injuries are the most common. Amputations occur in at least 30% of cases. Torso injury is possible in infants who are run over. Deformity is common and death may also occur.
• Toe injuries, crushed feet, bodily injuries caused by the lawnmower rolling over.
• Burns from direct contact with the hot engine or mishaps with spilled fuel which ignites.
• Infection. Wounds are prone to becoming infected. Bone infection is also a potential complication.
• Back pain, directly related to lifting a heavy lawnmower.
• Respiratory diseases and chronic systemic illnesses resulting from harmful carbon monoxide vapors emitted by gas-powered lawnmowers.

Recent lawn mower recalls include:

• Bush Hog announced a recall of riding lawn mowers in 2017 because the mower blade could separate from the spindle.
• In 2017, Hongkong Sun Rise Trading recalled cordless electric lawn mowers because the mower could catch fire.
• Husqvarna announced a recall of lawn mowers in 2016 because the engine and blades may continue to operate when they should shut down.
• John Deere announced a recall of lawn and garden tractors in 2016 because they posed a laceration hazard to bystanders.

Were you injured by defective landscaping equipment? If so, please contact our law firm and we will thoroughly evaluate your case to determine the amount of compensation you are eligible for receiving from the liable party. Our attorney has vast experience with product liability cases and will be glad to help you.

Every year, people in Florida are injured because common household items which they assume to be safe turn out to be dangerous. Products which are not dangerous per se can endanger occupants of a building when they do not work properly, as in the following examples:

• Fans overheat and start fires.
• Ceiling fans can be quite dangerous. Ceiling fan injuries result from poor or improper maintenance. They can loosen from their base and fall several feet on top of adults or children, causing serious head injuries.
• A smoke alarm which fails to signal the presence of smoke may be responsible for deaths which could have been avoided if the alarm had functioned properly.
• The failure of a motion-activated light might cause a homeowner or visitor to trip over objects which are hidden in the darkness.

When defective electrical equipment fails, it can cause injuries such as electrocution, burns and electric shock. Sometimes, electrical equipment defects may lead to death. As a personal injury law firm, we see the horrifying impact that dangerous or defective products have on families. Injuries from defective electrical equipment can be caused by design flaws, manufacturing errors or the use of sub-standard materials. If you were injured by defective electrical equipment, please contact us right away for a free of charge case review.

Total release foggers or bug bombs are essentially cans of pesticides which spray out all at once. They are used to get rid of pests such as fleas and cockroaches. They may cause illness and explosions. Foggers are usually designed to be placed on stable surfaces in the center of the room and are activated by depressing or removing a tab at the top of the can.

Too many bug bombs in a small space can cause fires or explosions. The use of too many foggers can cause vapors to build up. A spark from a pilot light, furnace, thermostat, water heater or another source can cause a fire or explosion. Be sure to read all the warnings on the label. Foggers can be a serious health and safety hazard if you use too many or fail to follow the directions and the injuries you may sustain can require medical attention.

The types of injury caused by foggers include:

• Breathing problems
• Dizziness
• Nausea
• Vomiting
• Cramping
• Shortness of breath

If you are unsure whether you should take legal action and claim financial compensation for personal injury arising from a defective fogger, you should speak to our product liability attorney, who will review your case free of charge.

Every year, hospitals see over 720,000 professionals, hobbyists, students and homeowners injured by woodworking tools. The types of injuries vary. Some examples of dangerous tools, work equipment and defective devices include:

• Table saw: 39,750 annual injuries
• Jointers, planers and other machinery: 10,930 annual injuries
• Miter saw: 6,800 annual injuries
• Band saw: 3,550 annual injuries
• Radial arm saw: 350 annual injuries

There are multiple types of injury which can stem from using woodworking equipment. However, the most common include:

• Being struck by something kicked back from the saw
• Having a hand or other parts of the body come in contact with the blade as a result of a kickback
• Moving your hand in the path of the blade
• Saws being turned on accidentally when changing a blade or verifying the height of the blade

Injuries requiring treatment may result in the loss of one or more fingers. If you were injured by defective woodworking equipment, do not hesitate to give us a call for a free of charge case evaluation. With over 20 years of experience, our lawyer, Sean M. Cleary, will pursue the maximum amount of compensation you qualify for from the liable party.

Batteries are used in some consumer products, including phones, laptops, watches, remote controls and children’s toys. They pose different safety hazards from product to product, but the most common concerns are overheating and fires.

In the majority of cases, a battery explosion takes place due to overheating. Nevertheless, explosions may also be attributed to other causes, such as a chemical combustion or combustion related to nearby electrical components. Battery explosion may lead to burns, chemical burns, scarring, disfigurement and other similar conditions.

Children under the age of 4 are at the highest risk of swallowing a lithium battery which may cause burns and other serious injuries several hours after consumption.

Battery explosions and battery accidents can occur in products such as:

• Flashlights
• Cell phones
• Vaporizing devices
• Laptops
• Hoverboards
• Electronic skateboards

Oftentimes, rechargeable batteries can be involved in explosions because they are reused several times before being discarded. This increases the chances of overheating or chemical issues.

In some cases, it may be necessary to determine which party is liable for the injury. The explosion can be attributed to a failure of the product due to design and manufacturing deficiencies. The manufacturer of the battery can also be held liable for the explosion and the resulting injuries. Product defects can occur in many ways, such as a design defect, a manufacturing defect or a warning label defect. Other parties, such as a distributor or a seller, can also be held liable if they sold a product knowing that it had a dangerous or defective battery installed in it.

If you or a family member was injured due to a defective battery, do not hesitate to contact our attorney, who has over 20 years of experience with product liability cases. He will promptly review your case free of charge and determine the amount of compensation you are eligible for receiving.

A construction site accident can result in catastrophic injuries. While on the job, workers can sustain some of the following injuries:

• Neck injuries
• Severe spinal trauma
• Paraplegia
• Quadriplegia
• Fractures
• Organ damage
• Internal bleeding
• Scarring
• Disfigurement
• Blindness
• Permanent disability

We handle cases involving many different types of heavy equipment, including:

• Tractors
• Bulldozers
• Loaders
• Dump trucks
• Pile drivers
• Backhoes
• Track hoes
• Forklifts
• Cranes

Often, construction site injuries result in a long period of disability and the cost of medical bills can be extremely high. Worker’s compensation may pay for some of the medical bills and lost wages, but they fail to fully compensate an injured worker for permanent losses and permanent disability.

Many people wrongly believe that pursuing workers’ compensation is the only course of action they can take after a heavy equipment accident at work. This is simply not true, as workers may use other options as well, such as taking legal action against the manufacturer or distributor of the defective equipment. However, it may sometimes be necessary to take legal action against a third party which owned the machine and failed to maintain it properly.

Regardless of the complexity of your situation, we are here to help you recover the financial compensation you deserve for affording your medical expenses, health care and treatment. Our lawyer, who specializes in product liability cases, will provide you with the legal assistance you need and will file a claim on your behalf to obtain the money you qualify for from the negligent party.

Some recent construction equipment industry warnings, recalls and alerts include:

• Guardian Fall Protection issued a stop use and inspect notification for specific Self-Retracting Lifelines which have potential cable-fraying and bird caging issues.
• Genie has determined that the control system on several of their scissor lifts can malfunction and issued a mandatory action required safety notice.
• 3M discontinued the sale and are originating a full recall of the Lad-Saf sleeve because of the potential for injury in the misuse of this product.
• Carhartt issued a voluntary recall of 9 styles of flame-resistant sweatshirts and hoodies manufactured between 2014 and 2016.