I recently spent the afternoon with an expert who was examining a product on behalf of my injured client. The product had malfunctioned during use and caused very serious and permanent injuries. The inspection process took over four hours. It was very thorough and methodical. My expert obviously knew the product well and how to properly inspect and test it. He was also very careful to...
The smoke has cleared a little on the recent decision of the Florida Supreme Court that was initially hailed as a victory for Big Tobacco. (Pardon the pun.) It now appears that the legal pathway for 700,000 smokers to a recovery for their smoking-related injuries may be much straighter than before the ruling. The courthouse doors are now open to the smokers. As they enter they are handed...
Big Tobacco scored a victory earlier this month when the Florida Supreme Court upheld the decision of a lower court to throw out $145 billion awarded to a class of 300,000 to 700,000 Florida smokers. This opens the door for individual tobacco lawsuits by decertifying the class action.A Miami jury had ruled in 2000 that the tobacco companies deceived smokers about the dangers of cigarettes and...
If you have a pacemaker or a defibrillator, you should contact your physician to determine whether your device is part of [a recent] recall.That is the strong recommendation in an article in the Sun-Sentinel about recalled medical devices.Pacemaker recalls warrant call to doctorLast year Guident recalled more than 100,000 defibrillators when there were several reports of death due to a defective...
We have blogged on the dangers of tube kiting. Meanwhile, the U.S. Consumer Product Safety Commission has been working on the matter. Now, we have word of a recall:Sportsstuff Wego Kite Tubes Withdrawn from Market after Reports of Deaths and InjuriesIn cooperation with the U.S. Consumer Product Safety Commission (CPSC), Sportsstuff, Inc., of Omaha, Nebraska is voluntarily recalling about...
The Consumer Product Safety Commission (CPSC) may become the Consumer Product Secrecy Commission.Proposed Rule Change by CPSC Puts Consumers in DangerWeakened Standards Let Manufacturers Off Hook For Defective Products Quote of the Week "[The proposal] is a sop to the industry and a weakening of the current hazard-reporting system."- Consumer Product Safety Commissioner Thomas Moore, one of the...
Tube flying has received another negative review because it is basically an ultra-hazardous activity disguised as a new water sport.According to the Washington Post the Army Corps of Engineers is banning tube flying (tube kiting) from facilities under its jurisdiction.Army Corps Punctures Kite TubesU.S. Army Corps of Engineers' districts are moving quickly to ban "tube kiting," a relatively...
If a trial lawyer were to be bold enough to sue tobacco companies in a class action lawsuit seeking punitive damages because they intentionally sold an addictive product which caused serious harm to the health of smokers and lied about the dangers of smoking, I strongly suspect a majority of people would say, "Go, Baby, Go!," and hope for a really big punitive damage award that would create...
Water recreation is supposed to be fun and even exhilarating. It is not supposed to be extremely dangerous. Tube Kiting appears to have crossed the line. The Consumer Product Safety Commission has issued a press release to warn us of deaths and serious injuries from what may be dangerous and defective new products. CPSC Warns Consumers about Dangers of Tube KitingTwo Deaths over the Past 3...
A freshly brewed article about the infamous McDonald's coffee spill case has been posted at DMI Blog.Why You Should be Able to Sue McDonald's if You Spill Coffee on YourselfStella was 79 years. She was a passenger in her grandson's vehicle. She ordered a 49 cent coffee at the McDonald's drive through, and was attempting to open the coffee to add cream and sugar while the car was not moving, when...
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