Florida Personal Injury Attorney Blog

Florida residents who suffer injuries as a result of using defective or harmful products can hire a personal injury lawyer to fight for their rights. A manufacturer can often be held liable for injuries caused and a court will order a settlement to cover the cost of medical bills and other damages. One recent California case is a prime example of how product liability and personal injury cases get settled in the United States:

A California man who suffered brain damage after being stunned by a Taser gun was recently awarded $2.85 million for his injuries in a product liability lawsuit. The suit was filed after Steven Butler, 49, was shocked by the device nearly four years ago by a Watsonville, CA police officer. Butler was drunk at the time and off his psychiatric medication when officers used a Taser X-26 to subdue him after he wouldn’t get off a bus.

Butler went into cardiac arrest and stopped breathing. It took emergency medical personnel 18 minutes to revive him, and he subsequently suffered anoxic brain injury and debilitating brain damage. He currently needs round-the-clock care and can’t be left alone, according to his attorneys. He has no short-term memory or mobility, and his motor skills have decreased drastically as well.

Since the injury, Butler’s brother David has been caring for him. Part of the award in the settlement will be put towards a trust for the family, who is enduring more than $4,700 a month in medical and caretaking bills. Although the company didn’t admit liability, the case marks the first time Taser International has ever settled a product liability case, according to the San Jose Mercury News.

Posted by Gary T. Lazarus | Permalink | Email This Post

Posted In: PRODUCT SAFETY

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When it comes to children’s toys, choking hazards are very real and parents in Florida must exercise caution when allowing their children to play with toys that are poorly made and/or contain small parts. Although most toys are manufactured with child safety in mind, there are still countless products on the market today that present choking hazards to small children.

Steps to Safeguard Your Children
Parents must be proactive when it comes to safeguarding children against toys that may present choking hazards. One easy way to check for defective or dangerous products is to do an online search. The U.S. Consumer Product Safety Commission publishes an updated online database of recalled toys that is quite comprehensive. Recall.gov is a federally funded site that also contains a vast amount of information on toy recalls and safety concerns.

When you’re shopping for toys, be sure to examine each product and its packaging before you buy. Check for:
- Recommended age for use (is the toy age appropriate for your child?)
- Warning labels regarding small parts or choking hazards
- Harmful ingredients (lead paint, BPA, etc.)
- Poor craftsmanship (i.e. the paint is chipped, parts are missing, etc.)

As a parent, these precautions can help save your child’s life. In case of an accident or injury, however, it is crucial that you contact a qualified lawyer to help you defend your rights. Large companies can often intimidate people and be evasive when it comes to taking responsibility for their actions. A lawyer can help you seek compensation for injuries or wrongful death caused by a defective toy.

Posted by Gary T. Lazarus | Permalink | Email This Post

Posted In: PRODUCT SAFETY

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A University of MelbourneStudy found that use of mouthwash containing alcohol could increase the risk of oral cancer. Professor Michael McCullough and co-author Dr. Camile Farah concluded that there is now sufficient evidence to prove that ethanol in mouthwash allows cancer-causing substances to permeate the lining of the mouth.

The Study involved 3,210 people, which found that daily mouthwash use was a significant risk factor for head and neck cancer-whether or not they used alcohol or tobacco. The effects of mouthwash were worst in smokers, who saw a 900% increased risk of oral cancer. Those who consumed alcohol saw a 500% increase.

On cue, a spokesperson for Johnson & Johnson Ltd. UK, the manufacturer of the popular “Listerine” brand stated: “There is no scientific evidence to support an association between the use of alcohol-containing mouthwashes, such as Listerine, and an increased risk of oral cancer.” As always, our position is to avoid panic, but err on the side of caution and seek out an alcohol free mouthwash at a health food store.

Although there is no way to definitively confirm the results of this new study, one thing is certain. Historically, the larger multi-national corporations that operate throughout the globe have a history of denial and cover-up when the safety of their products has been questioned. Their enormous wealth allows them to finance opposing scientific studies, some of which the corporations author themselves. They will then pay for the signature of a so-called expert, who decides to compromise their principles to chase the almighty dollar, or at least, the currency of their liking.

Erring on the side of caution can never be opposed, even by the most skeptical of critics.

Posted by Gary T. Lazarus | Permalink | Email This Post

Posted In: PRODUCT SAFETY

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