Recent Posts in Product liability Category

The Week in Torts - Cases From the Week of May 7, 2021

May 25, 2021 • Clark Fountain Staff

Two-issues, one affirmance FLORIDA LAW WEEKLY VOLUME 46, NUMBER 18 CASES FROM THE WEEK MAY 7, 2021 TWO- ISSUE RULE SAVES PLAINTIFF FROM REVERSAL ON DAUBERT -- COURT REVERSES AND REMANDS FOR ...
Continue Reading
Drive for Fairness Campaign Calls for Advanced Safety Features in New Vehicles

May 3, 2021 • Don Fountain

Despite having potentially life-saving technology available, many vehicle manufacturers fail to include advanced safety features in their automobiles. According to the Insurance Institute for Highway ...
Continue Reading
Why Do Auto Manufacturers Wait to Issue Recalls

Mar 31, 2021 • Ben Whitman

Product recalls exist to keep consumers safe by informing them of dangerous hazards and risks of severe injuries. So you might assume that automobile manufacturers would issue a recall as soon as they ...
Continue Reading
Ford Is Having a Bad Year

Mar 29, 2021 • Don Fountain

At the beginning of 2021, the National Highway Traffic Safety Administration (NHTSA) ordered Ford to recall about 3 million vehicles equipped with defective Takata airbags. The company clashed with ...
Continue Reading
The Federal Government Filed a Lawsuit Against Kidde Manufacturer of Fire Extinguishers

Mar 27, 2021 • Mark Clark

The federal government recently fined Kidde, the largest distributor of fire safety products, $12 million for its defective fire extinguishers and botched recall process. Then, Consumer Reports dove ...
Continue Reading
The Week in Torts - Cases from the Week of February 19, 2021

Mar 10, 2021 • Clark Fountain Staff

Stick to the evidence, sir FLORIDA LAW WEEKLY VOLUME 46, NUMBER 7 CASES FROM THE WEEK FEBRUARY 19, 2021 PLAINTIFFS’ COUNSEL’S COMMENTS CASTING OPPOSING COUNSEL AND SOME OF THE WITNESSES AS LIARS, AND ...
Continue Reading
Strong Evidence Links Elmiron to Irreversible Retina Damage

Mar 9, 2021 • Nancy La Vista

In 1996, Jassen Pharmaceuticals, a division of Johnson & Johnson, introduced Elmiron (pentosan polysulfate sodium) to the market. Elmiron is used to treat Interstitial Cystitis, a Urinary Tract ...
Continue Reading
The Week in Torts - Cases from the Week of December 18, 2020

Jan 12, 2021 • Clark Fountain Staff

Are we bound for more Joerg erosion? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 50 CASES FROM THE WEEK DECEMBER 18, 2020 TRIAL COURT DID NOT ERR IN LIMITING PLAINTIFF’S EVIDENCE OF PAST MEDICAL EXPENSES TO ...
Continue Reading
Give Safe Gifts This Holiday Season

Dec 21, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin

Presents are a wonderful part of the holiday season but gifting dangerous or defective products could quickly ruin this festive time of year. Before you buy holiday gifts, especially toys for ...
Continue Reading
FDA Continues to Expand Hand Sanitizer Recall

Nov 18, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin

Since June of 2020 , the U.S. Food and Drug Administration (FDA) has been sounding the alarm about hand sanitizer. Specifically, hand sanitizer products contaminated with methanol, an ingredient of ...
Continue Reading
4 Steps To Take If You're Injured By A Defective Product

Sep 30, 2020 • Clark Fountain Staff

After a defective product has caused injury to you, it may be confusing and uncertain what you should do next. While each situation is unique in its cause, it is important to know the right steps to ...
Continue Reading
The Week in Torts - Cases from the Week of July 17, 2020

Aug 5, 2020 • Clark Fountain Staff

Sometime it really is too late FLORIDA LAW WEEKLY VOLUME 45, NUMBER 28 CASES FROM THE WEEK JULY 17, 2020 NO ABUSE OF DISCRETION IN EXCLUDING PLAINTIFF’S EXPERT UPDATED OPINIONS DISCLOSED ON THE EVE OF ...
Continue Reading
The Week in Torts - Cases from the Week of June 12, 2020

Jul 1, 2020 • Julie Littky-Rubin

"Was the conduct that bizarre" FLORIDA LAW WEEKLY VOLUME 45, NUMBER 23 CASES FROM THE WEEK JUNE 12, 2020 TRIAL COURT SHOULD HAVE DIRECTED A VERDICT FOR THE PRODUCT MANUFACTURER DEFENDANT, WHERE ...
Continue Reading
NHTSA Shines Light on Takata Airbag Recall

May 18, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin

Tens of Millions of Vehicles Affected Countless vehicles in the United States are equipped with Takata airbags. While airbags are meant to protect passenger vehicle occupants from harm, tens of ...
Continue Reading
Is Food Poisoning a Product Liability Issue?

Apr 14, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin

Yes. If you get food poisoning, you may be able to file a product liability lawsuit against the manufacturer, store, or restaurant that sold you the food. This is especially true if the food product ...
Continue Reading
Are Electric Scooters Legal in Florida?

Apr 8, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin

Florida Electric Scooter Laws According to Florida law , motorized scooters (or electric scooters) are considered motor vehicles. As such, they are not allowed on sidewalks or bike paths unless being ...
Continue Reading
The Week in Torts - Cases from the Week of February 28, 2020

Mar 18, 2020 • Julie Littky-Rubin

Supreme Court Solidifies Product Liability Jury Instructions FLORIDA LAW WEEKLY VOLUME 45, NUMBER 8 CASES FROM THE WEEK FEBRUARY 28, 2020 THE FLORIDA SUPREME COURT AUTHORIZES NEW STANDARD JURY ...
Continue Reading
The Dangers of Flex Seal & Toxic Exposure

Mar 3, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin

Potentially Hazardous Liquid Rubber Sealant Coating The multi-purpose liquid rubber spray known as Flex Seal is used to block out moisture, air and is even used as a water barrier for in-water use. ...
Continue Reading
Firm Recovers $17.3 Million in Wrongful Death, Product Defect Case on $1 Million Policy

Feb 20, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin

Clark, Fountain, La Vista, Prather & Littky-Rubin recently recovered $17.3 million in a wrongful death and product defect case. The firm represented the surviving 14-year-old son of a 41-year-old man ...
Continue Reading
Werner Recalled Multi-Purpose Telescoping Aluminum Ladders

Jan 30, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin

Werner, a company that manufactures ladders and fall protection products, recalled their “Multi-Purpose Telescoping Aluminum Ladders” due to risk of falls. The business recently announced it is ...
Continue Reading
Product Liability Lawsuits: Do I have a Product Liability Case?

Dec 11, 2019 • Clark, Fountain, La Vista, Prather & Littky-Rubin

About Product Failure Cases in Florida If you’re injured by a defective or malfunctioning product , you may be able to bring suit against the manufacturer, seller, or servicer. Unfortunately for ...
Continue Reading
Committee on Standard Jury Instructions in Civil Cases Files for Approval on Proposed Amendments to Section 403 - Products Liability After Considering Comments from Julie H. Littky-Rubin, Don Fountain, Others

Aug 5, 2019 • Clark, Fountain, La Vista, Prather & Littky-Rubin

At the end of July, the Committee on Standard Jury Instructions in Civil Cases recommended that the Supreme Court of Florida approve the proposed amendments to Section 403 – Products Liability. ...
Continue Reading
The Week in Torts - Cases from the Week of March 8, 2019

Mar 25, 2019 • Julie Littky-Rubin

Discover it, but protect it FLORIDA LAW WEEKLY VOLUME 44, NUMBER 10 CASES FROM THE WEEK OF MARCH 8, 2019 “NON-MATERIAL” AMENDMENTS TO COMPLAINTS DO NOT RENDER EARLIER OFFERS OF JUDGMENT AMBIGUOUS. ...
Continue Reading
Veteran Experiencing Hearing Loss? You May Be Entitled to Compensation

Mar 18, 2019 • Clark, Fountain, La Vista, Prather & Littky-Rubin

The U.S. Department of Defense recently settled with 3M Company for $9.1 million upon allegations that it knowingly sold defective dual-ended Combat Ear Plugs to the U.S. military for use in combat ...
Continue Reading
The Week in Torts - Cases from the Week of February 15, 2019

Mar 4, 2019 • Julie Littky-Rubin

Non-economics are the jury’s job FLORIDA LAW WEEKLY VOLUME 44, NUMBER 7 CASES FROM THE WEEK OF FEBRUARY 15, 2019 COMMENTS IN PLAINTIFFS’ COUNSEL’S CLOSING IN A TOBACCO CASE FELL SHORT OF DENYING ...
Continue Reading

Page of 3