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

Medical device manufacturers are bounded by law to ensure the safety of their products. They can be held liable for placing dangerous or defective products on the market. Often, the manufacturers fail to conduct adequate testing and will place a defective device on the market with design flaws or deficiencies. Likewise, there have been many instances where a device or implant is designed appropriately, but it was manufactured in a way that was not consistent with the design, also known as a manufacturing defect. Any medical device, which caused injuries and further medical treatments, is considered defective. The medical devices that are known to have caused injuries (but not limited to) are:

• Defective artificial joints which caused mobility issues, severe pain, infections or other medical complications
• Defective meshes that had an increased risk of forming adhesions and causing infections
• Blood clot filters which caused injuries due to poor manufacturing; these may break, perforate veins or migrate from their intended position
• Defective dialysis products due to chemicals used in the manufacturing process that inhibited blood flow, which could cause the death of a person
• Defective stents with an improper closure that could lead to clot recurrence
• Defective bone screws or bone plates that weaken and break causing extreme pain to the patient

The following medical devices have been recently recalled (see more recalls on FDA's site):

• CS 100i Intra-Aortic Balloon Pump. It supports the heart's left ventricle by increasing coronary perfusion and reducing left ventricular work.
• Zenith Alpha Thoracic Endovascular Graft indicated 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 indicated for improving coronary luminal diameter.

We might not be aware of the countless household and consumer products that we use daily until the product results in a serious injury. The manufacturing company is responsible for the defective product that injured you; they are also responsible for providing compensation for your injuries. Sean M. Cleary, our product liability lawyer, can help you get 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 (curling irons, electric shavers, hairdryers)
• Defective electrical appliances (coffee makers, dishwashers, heaters, hotplates, lamps, microwaves, toasters)
• Sporting goods

Defective household products can be subject to a recall by the U.S. Consumer Product Safety Commission or can be voluntarily recalled by the manufacturer. Latest consumer products recall 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, has been recalled for injury hazards.

Dangerous products often result in serious injury, illness, or even death. If you have suffered injuries due to a manufacturer, designer, marketer, or any other party's negligent actions, we are prepared to help you protect your rights through legal action claiming compensation for your injuries and medical treatment, such as:

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

It's manufacturers' and suppliers' responsibility to protect and warn the user against possible injuries. Liability for defective products that pose the risk of injury or death may fall upon the manufacturers, distributors, or sellers.

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

• Toys that involve electricity or heat, such as video game consoles and electronic skateboards which may overheat and cause burns
• Toys that involve small explosives, such as fireworks or "cap" guns
• Toys that mimic firearms and weapons, such as BB guns and airsoft guns
• Products that involve high-risk activities such as BMX bikes or small scooters; children may be struck and killed by motor vehicles while riding nonmotorized scooters
• Any toy that involves sharp edges or points, like slap bracelets, because they can cause lacerations, cuts, puncture wounds or eye injuries
• Toys that 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, seizure, and even death
• Toys that could result in strangulations

Other children's products that may be unsafe, resulting in harm to young children include, but are not limited to:

• Car seats and child restraints
• Defective strollers - Delta recently recalled strollers due to fall hazard
• Children's clothing - DEMDACO recently recalled infant bib and bootie sets because rattles sewn into the booties can detach and pose a choking hazard
• Bassinets, cribs, or other baby or toddler beds - Dream On Me recently recalled about 10K play yards because the play yard’s rails can collapse, presenting a strangulation hazard to young children
• Nightlight soothers - Skip Hop recently recalled nightlight soothers due to shock hazard
• Baby baths
• Baby gates
• Tainted food

Cosmetics (skin moisturizers, perfumes, lipsticks, fingernail polishes, makeup, shampoos, permanent waves, hair colors, toothpaste, and deodorants, etc.) are essential for everyone. Rarely, cosmetic products can be hazardous to our bodies even when they are used properly, due to various chemicals used in the products. The FDCA does not require premarket approval for cosmetic products except for color additives. Companies who manufacture or market cosmetics have a 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, sensation or other senses
• Certain dermatological conditions or diseases
• Disability, permanent or temporary
• Conditions due to toxicity, affecting the neurological, circulatory or muscular systems

Recent cosmetic product recalls:

• 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 an off odor, discovered 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 found mold to be present in the product.

Companies must adhere to product liability standards when creating and distributing their products. If you were injured by a manufacturer's, developer's, researcher's, or marketer's failure to use a reasonable standard of care in their actions, you may bring a case against them. Consult with our experienced attorney, Sean M. Cleary, right away to learn more about your rights as a consumer.

Types of defective landscaping equipment can include:

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

An average of 35K people are treated in doctors' offices, clinics and emergency rooms for walk-behind power mower-related injuries each year, the U.S. Consumer Product Safety Commission reports. Many lawn mower-related injuries require multidisciplinary team physicians to repair them properly. Often, patients endure multiple hospital admissions and surgery to restore form and function.

Lawnmower injuries. Types of damage:

• Indirect / Missile 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, but death is potential.
• Toe injuries, crushed feet, bodily injuries caused by the lawnmower rolling over.
• Burns from direct contact with hot engine or exhaust or from mishaps with spilled fuel that ignites.
• Infection. Wounds are prone to become infected. Bone infection is also a potential complication.
• Back pain, directly related to lifting a heavy lawnmower.
• Respiratory illnesses and chronic systemic illnesses resulting from harmful carbon monoxide vapors emitted by gas-powered mowers.

Recent lawn mower recalls:

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

Every year, people in Florida are injured because common household items that they assume to be safe turn out to be dangerous. Products that are not in themselves dangerous can endanger occupants of a home or building when they do not work properly.

• 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 that fails to signal the presence of smoke may be responsible for needless deaths that would have been prevented if the alarm functioned as intended.
• The failure of a motion-activated light might cause a homeowner or visitor to trip over hazards that are hidden by darkness.

When defective electrical equipment fails, it can cause injuries such as electrocution, burns, and electric shock. In some cases, electrical equipment defects can even result in 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 use of sub-standard materials.

Total release foggers or bug bombs are essentially cans of pesticides that spray out all at once used to kill pests, such as cockroaches and fleas. They may cause illness and explosions. Foggers usually are designed to be placed on stable surfaces in the center of the spaces to be treated and 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. When you use too many foggers, the vapors 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. Sean Cleary successfully represented a man whose home burned to the ground after he used and turned off a defectively designed insect killing fogger.

Foggers can be a serious health and safety hazard if you use too many or don’t follow the directions, and the injuries may require medical attention.

Types of injuries caused by foggers:

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

If you are unsure if you should claim compensation for personal injury arising from an accident, you can speak to our defective products lawyer at a free, no-obligation initial consultation. Every case is unique, and the circumstances of your claim determine the exact compensation available, but we can generally pursue compensation for:

• Medical bills
• Lost wages
• Diminished earning capacity
• Pain and suffering
• Funeral expenses (in the case of a wrongful death case)

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

• Table saw: estimated 39,75k annual injuries
• Jointers, planers, and other machinery: estimated 10,93k annual injuries
• Miter saw: estimated 6,8k annual injuries
• Band saw: estimated 3,55k annual injuries
• Radial arm saw: an estimated 350 annual injuries

Types of injuries:

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

Injuries requiring treatment may result in the loss of one or more fingers and injuries to eyes soft tissues.

Fire hazards can occur suddenly and without warning and often lead to devastating injuries or even death for the unsuspecting user.

Common causes of fires in the home:

• Kitchen appliance
• Heating equipment
• Computer rooms and other electronic equipment
• Air conditioning equipment, fans, and heat pumps
• Clothes dryers and washing machines
• Home grill
• Refrigerators, freezers, and dishwashers
• Mattresses and bedding
• Sleepwear

Such seemingly diverse objects as balls, garden ornaments, water bottles, dog bowls, lucky charms can also set fires through radiant ignition.

Wiring cases that involved a fire: Electrical distribution or lighting equipment, including fixed wiring, meters, switches, receptacles, outlets, cords and plugs, is the fourth leading cause of home fires. Electrical distribution was involved in 9 percent of home fires and fire injuries and 16 percent of home fire deaths. Electrical failures were factors in 13 percent of home fires.

Thankfully, there are resources to easily check a product’s safety and recall history in advance of purchase. The Consumer Product Safety Commission (CPSC) maintains a government database of all recalled products and information on what consumers can do to obtain repairs, credits or refunds.

Some of the products that have been placed on the list of recalls because of fire or safety hazards include:

• Firewood vaporizers: about 400 Firewood vaporizers were recalled due to an electrical short in the product, which can lead the item to start on fire.
• Richie House children’s robes: children’s sleepwear has been subject to a product recall due to the risk of fire and burn injury.
• ASHERANGEL Children’s Sleepwear: children’s pajama sets and nightgowns, similar to the Richie House children’s robes, failed to meet federal flammability standards.
• Nutrilife hydrogen peroxide: recalled because the bottle caps don't vent properly and pressure can build up in the bottle and cause it to expand and rupture, posing fire and burn hazards. About 11,8K bottles are affected.
• Kawasaki all-terrain vehicles: about 15K units were recalled after the manufacturer learned that the fuel tap can leak, posing a fire hazard.

It is extremely important for parents to stay up-to-date on product recalls avoiding injury to their kids and themselves. If you or someone you love got hurt due to a product defect, you should discuss your options with our Miami product liability lawyer as soon as possible. Contact The Law Offices of Sean M. Cleary today for more information.

Serious burns and injuries resulting from a fire can change a life forever. Severe pain and suffering, permanent lung damage, muscle rehabilitation, skin grafts, and plastic surgery are all reasons why serious burns often result in some of the largest personal injury litigation settlements and jury awards.

At The Law Offices of Sean M. Cleary, we have earned a reputation for helping people recover their lives after suffering serious burns. We simply don't settle for a compensation amount that is less than what your injuries will cost you and your family over a lifetime.

Batteries are used in some consumer products, including phones, laptop computers, 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 most cases, a battery explosion occurs due to overheating. However, 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 four are most at risk of swallowing a lithium battery that may cause burns and other serious injuries hours after consumption.

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

• Flashlights
• Cell phones
• Vaporizing (vape) devices
• Laptops
• Hoverboards or electronic skateboards

In many cases, rechargeable batteries can frequently be involved in an explosion incident, because they are reused several times before being discarded. This increases the chance of overheating or chemical issues.

In some cases, it may be necessary to determine which party is liable for such losses. In many instances, an explosion can be attributed to a failure of the products due to design and manufacturing deficiencies. The manufacturer of the battery could also be held liable for the explosion and resulting injuries. Product defects can occur in many ways, such as a design defect, manufacturing defect, or warning label defect.

Other parties, for instance, a distributor or seller of a product can also be held liable if they sold a product knowing that it had a dangerous or defective battery product installed in it.

In battery explosion injury claims, the injured party may be awarded legal damages to compensate them for their losses. The damages award can cover losses like hospital bills, medication expenses, reconstructive surgery, property damage costs, and other losses. It may be in your best interests to hire a product liability lawyer if you need any assistance with an injury claim.

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

• Brain injuries
• Neck injuries
• Severe spinal trauma
• Paraplegia
• Quadriplegia
• Fractures & amputations
• Organ damage
• Internal bleeding
• Scarring
• Disfigurement
• Blindness
• Permanent disability
• Wrongful death

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

• Tractors
• Bulldozers
• Loaders
• Dump trucks
• Paving, surfacing and tamping equipment
• Pile drivers
• Backhoes
• Track hoes
• Forklifts
• Cranes
• Other construction equipment

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

Many people believe that pursuing workers’ compensation is the only course of action after a heavy equipment accident at work. This is simply not true; workers may often pursue other options. Sometimes this means taking action against the manufacturer or distributor of defective equipment. Other times, this means taking action against a third party that owned the machine or failed to maintain it properly.

Recent construction equipment industry warnings, recalls and alerts:

• Guardian Fall Protection has issued an important stop use and inspect notification for specific Self-Retracting Lifelines that 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 has discontinued the sale and are originating a full recall of the original Lad-Saf sleeve because of the potential for injury in the misuse of this product.
• Carhartt has issued a voluntary recall of nine styles of flame-resistant sweatshirts and hoodies manufactured between 2014 and 2016.