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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 injuries. Or they injure...
Category: Product liability
Mon 13th Apr | 2015
FL Rolls Out New Standard For Jury Instructions In Product Liability Cases & Model Verdict Forms
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 by defective products...
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 hit the exerciser or...
Wed 7th Jan | 2015
About 168,000 DD Candles Being Recalled
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 surface of the wax, posing...
Mon 1st Dec | 2014
Understanding How the Eleventh Circuit Applies the Daubert Standard to Products Litigation
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 expert testimony in tort...
Tue 25th Nov | 2014
What is the Duty Owed in a Florida Products Liability Case?
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 plaintiff pursuing a...
Sat 22nd Nov | 2014
Chrysler Urged to Expedite Jeep Fuel Tank Recall
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 recall of the Jeep Liberty...
Mon 10th Nov | 2014
An Update on the Daubert Standard in Florida
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. 579 (1993). Prior to...
Wed 29th Oct | 2014
KYMCO Recalls ATVs Due to Burn and Fire Hazards
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 on the ATVs can fail to...
Mon 10th Jun | 2013
Retailers Recall Nap Nanny Infant Recliners Even as Company Refused to Do So
Even as four major retailers, including Amazon.com, Toys “R” Us/Babies “R” Us, Bye Bye Baby and Diapers.com, recalled the Nap Nanny infant recliners, the company, Baby Matters, refused to issue a recall. As the...
New Release by Attorney Don Fountain:
Advocating for Consumer Safety.
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