If you or a loved one has been injured as a result of a defective or dangerous product in Florida, our lawyer is dedicated to help recover compensation.
We will evaluate the product, its defects and the circumstances of the accident and help you obtain compensation.
The U.S. Consumer Product Safety Commission (CPSC) reports over 22k deaths and 29 million injuries related to consumer products each year and advises consumers to stay up to date on products recalled each year. Manufacturers must design and make products that are safe for consumers to use. They are also required to warn consumers of any potential side effects or injuries related to their product. When a manufacturer creates an unsafe product, or when the manufacturer or distributor fails to warn consumers that a product might be dangerous, the manufacturer is liable for injuries or death caused by their product.
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:
The following medical devices have been recently recalled (see more recalls on FDA's site):
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:
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:
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:
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:
Other children's products that may be unsafe, resulting in harm to young children include, but are not limited to:
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:
Recent cosmetic product recalls:
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:
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:
Recent lawn mower recalls:
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.
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:
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:
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:
Types of injuries:
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:
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:
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:
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:
We handle cases involving many different types of heavy equipment, including:
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:
The law guarantees that the device will be safe when used in a predictable and reasonable way, regardless of product liability disclaimers. That may differ in case of written contracts that contain a disclaimer clause signed by the customer. Contact an attorney for a customized assessment.View full answer
In Florida, action must be taken in four years from the time the injury is discovered or should have been discovered. The statute of repose is 12 years but may be subject to various exceptions. For example, if you discover the injury on January 1, 2016, you must file a Florida product liability claim by January 1, 2020.View full answer
If you want to sue to recover damages caused by a defective device, first identify who the liable people and companies are, i.e. anyone on the way of the product from the manufacturer to the patient, as well as consultants, quality control engineers etc. An attorney can assist with establishing liability.View full answer