Recent Posts in Product liability Category

"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, La Vista, Prather, Keen & Littky-Rubin 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, Keen & 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, La Vista, Prather, Keen & Littky-Rubin

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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KYMCO Recalls ATVs Due to Burn and Fire Hazards

Oct 29, 2014 • Clark Fountain Staff

KYMCO is recalling model year 2013, 2014 and 2015 MXU 700 all-terrain vehicles (ATVs) including standard, LE and Camo versions. According to the U.S. Consumer Product Safety Commission , the fuel cap ...
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