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Recent Posts in Product liability Category
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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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Are Electric Scooters Legal in Florida?
Apr 8, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
No. 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 propelled by human power ...
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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 ...
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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. ...
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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 ...
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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 ...
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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 ...
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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. ...
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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. ...
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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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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 ...
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The Week in Torts - Cases from the Week of January 4, 2019
Jan 22, 2019 • Julie Littky-Rubin
FLORIDA LAW WEEKLY VOLUME 44, NUMBER 1 CASES FROM THE WEEK OF JANUARY 4, 2019 NON-ECONOMIC DAMAGE AWARDS OF $15 MILLION TO SPOUSE AND $6 MILLION TO 22-YEAR-OLD DAUGHTER WERE NOT EXCESSIVE--NO ERROR IN ...
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Associate Ben J. Whitman Presents About Tire Defects at the 2019 Florida Justice Association Young Lawyers Section Ski Trip and CLE Seminar
Jan 19, 2019 • Clark, Fountain, La Vista, Prather & Littky-Rubin
On Friday, January 18, West Palm Beach personal injury lawyer Ben Whitman presented “Tire Retailer Negligence (Negligent Sale, Service, Placement, Inspection, Failure to Warn)” at the 2019 Florida ...
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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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