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Recent Posts in Product liability Category
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 ...
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"It's New to Me!" Making the Case for Why Strict Liability Applies to "Repurposed" or "Remanufactured" Products
Nov 28, 2018 • JULIE H. LITTKY-RUBIN & DONALD R. FOUNTAIN, JR.
When an entity in the business of selling “repurposed” or “remanufactured” products puts one of those products into the stream of commerce, the question becomes whether such a product—one that is ...
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Lawyers from Clark Fountain Featured in The Daily Business Review for $15M Award for Family
Jul 12, 2018 • Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin
We are pleased to announce that 4 attorneys from Clark, Fountain, La Vista, Prather & Littky-Rubin were recently featured in an article for the Daily Business Review. The feature highlights the ...
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Kobe Steel's Admission of Falsified Inspection Data Creates Fear of Substandard Materials Used By Major Manufacturers
Oct 17, 2017 • Clark Fountain Staff
Kobe Steel, a major Japanese steel and metal manufacturer whose products are used throughout the world, admitted this month that employees had falsified data regarding the quality of aluminum, copper, ...
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How Product Liability Cases Can Benefit Public Safety
Aug 17, 2017 • Clark Fountain Staff
When manufacturers of consumer products, pharmaceutical drugs, medical devices, and automobiles release their products on the market, they have a legal obligation to ensure those products are safe for ...
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IKEA Recalls Beach Chair with Fingertip Amputation Hazard
Feb 20, 2017 • Clark Fountain Staff
IKEA, the Swedish furniture retailer, issued a recall for over 33,000 beach chairs due to the risk they pose as “fingertip amputation hazards”. The U.S. Consumer Product Safety Commission stated that ...
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Will Takata Bankruptcy Leave Consumers Holding the Bag - Recalled Air Bag
Sep 30, 2016 • Clark Fountain
Nearly a decade ago, Clark Fountain, whose auto products liability experience is among the most significant in the country, handled a case where a client presented with a very unusual injury from a ...
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Potential Causes & Concerns for Driverless Car Accidents
Sep 13, 2016 • Clark Fountain
When we were first introduced to the self-driving car by Google, we were left in awe of the capabilities. We were also left with plenty of questions regarding its operation and its safety. What ...
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Samsung Issues Worldwide Recall of Galaxy Note 7
Sep 9, 2016 • Clark Fountain
On Friday, Samsung announced that they were recalling the Galaxy Note 7 worldwide due to reports of the device battery catching fire while charging. The device was unveiled just last month, making ...
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Are E-Cigarettes Safe?
Jul 14, 2016 • Clark Fountain
Marketed as a safe alternative to regular cigarettes, e-cigarettes have become extremely popular with today’s youth and anyone who is trying to cut back on smoking. The sudden popularity has also ...
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Hoverboard Recall Cites Fire Hazard
Jul 7, 2016 • Clark Fountain
According to the United States Consumer Product Safety Commission (CPSC), 10 firms have recalled more than 500,000 hoverboards — or self-balancing scooters [1] . According to the recall, the ...
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29 Million Dressers Recalled By IKEA After 6 Children Die
Jun 28, 2016 • Clark Fountain
On June 28, 2016, IKEA issued a voluntary recall of 29 million chests and dressers due to a tip-over and entrapment hazard. The company is recalling the MALM 3-drawer dresser, MALM 4-drawar dresser, ...
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The Nation’s Largest Airbag Recall Just Got Bigger
May 6, 2016 • Clark Fountain
Takata airbags, the largest automotive recall in American history, just ballooned by 35 million. In 2008, Takata insisted that the recall of 4,000 of its airbags were due to manufacturing mistakes. ...
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Johnson & Johnson Charged $55M in Ovarian Cancer Case
May 4, 2016 • Clark Fountain
A Missouri state jury awarded a woman $55 million in an ovarian cancer case against Johnson & Johnson on Monday. The plaintiff sued the company for an alleged connection between their talc powder and ...
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Warning to Consumers: IKEA Furniture Poses Tip-Over Hazard
Apr 25, 2016 • Clark Fountain
After a third death associated with IKEA furniture tipping over, officials have issued a renewed warning to parents. Last July, IKEA issued a warning to anchor down furniture after two children were ...
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$10 Million Verdict For Clark Fountain - Appeals Court Affirmation
Oct 26, 2015 • Clark Fountain Staff
Appeals Court Affirms Over $10 Million Verdict For Clark Fountain Client Against Continental Tire Florida, Fla. (October 1, 2015) - The 4th District Court of Appeal today affirmed an over $10 million ...
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Can Guardrails kill?
Sep 22, 2015 • Olivia D. Liggio
CAN GUARDRAILS KILL? The two most popular guardrails used along the U.S. highways are made by Trinity Industries and Road Systems, Inc. The Federal Highway Administration recently announced that the ...
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Types of Product Liability Claims
Jul 29, 2015 • Clark Fountain Staff
Most of us use dozens of products every day without giving much thought to their safety. We assume that the manufacturer has made them safe for us to use. But sometimes, products malfunction and cause ...
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FL Rolls Out New Standard For Jury Instructions In Product Liability Cases & Model Verdict Forms
Apr 13, 2015 • Clark Fountain Staff
After years of work and analysis, in March of 2015, the Florida Supreme Court adopted a new set of Standard Jury Instructions in products liability cases. This is a major development for those injured ...
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Exercise Device May Cause Serious Injury
Jan 30, 2015 • Clark Fountain Staff
The U.S. Consumer Product Safety Commission recently announced a recall of about 52,000 SKLZ Recoil 360™ All-Position Resistance Trainers. The leash-type exercise device may unexpectedly retract and ...
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About 168,000 DD Candles Being Recalled
Jan 7, 2015 • Clark Fountain Staff
Certain CoScentrix candles sold at Hobby Lobby are being recalled due to a potential fire risk. According to the U.S. Consumer Product Safety Commission , the candle’s high flame can ignite the ...
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Understanding How the Eleventh Circuit Applies the Daubert Standard to Products Litigation
Dec 1, 2014 • Clark Fountain Staff
A recent decision by the United States Court of Appeals for the Eleventh Circuit highlights how federal courts in the Eleventh Circuit apply the Daubert standard when considering the admissibility of ...
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What is the Duty Owed in a Florida Products Liability Case?
Nov 25, 2014 • Clark Fountain Staff
There are generally four categories of products liability claims . These include claims based on negligence, strict liability, and breach of warranty. Under Florida law (as well as in most states), a ...
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Chrysler Urged to Expedite Jeep Fuel Tank Recall
Nov 22, 2014 • Clark Fountain Staff
On November 19, 2014, the National Highway Traffic Safety Administration (the “NHTSA”), issued a letter to Chrysler Group LLC urging Chrysler to more aggressively seek out owners affected by the ...
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An Update on the Daubert Standard in Florida
Nov 10, 2014
In 2013 the Florida Legislature amended Florida Evidence Code § 90.702 to adopt the test of admissibility of expert testimony as provided for in Daubert v. Merrell Dow Pharmaceuticals, Inc. , 509 U.S. ...
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