Product Liability Lawyer Blog

In the case of Myrtle Gannon v. John Cuckler, MD, et al, Case Number 2D17-4888 (Fla. 2d DCA October 16, 2019), Florida’s Second DCA held that the failure to raise lack of personal jurisdiction as a defense in either by motion or in the answer to the lawsuit results in waiver...

In the case of Heather Oberdorf v. Amazon.com, Inc., the 3rd Circuit Court of Appeals in Philadelphia, PA held that Amazon can be held liable for third party product liability claims when it functions as a “marketplace for third-party products.” The Underlying...

Jessica Guevara died from a tire blowout accident on I-75 near Apollo Beach, Florida. Witnesses described children being ejected from the vehicle. The news reported that some of the children were not wearing seat belts at the time of the accident. Injuries to the children were...

Publix Supermarkets, Inc. announced a recall of 38,000 pounds of ground turkey due after metal shavings were found in some packets of meat. Is My Ground Turkey Part Of The Recall? If your package of turkey was produced on September 25 or 26, 2017 and was sold in 1.3 lb., 1.2 lb., or...

Statistics show that fewer lawsuits for car accidents, medical malpractice, and product liability claims are being filed in American courts. By The Numbers The National Center for State Courts (NCSC) has indicated the following statistics: In 1993, 10 out of 1,000 Americans filed a...

Takata Corporation, a Japanese corporation, declared bankruptcy amid its massive liabilities to car manufacturers and consumers for defective airbags.  Despite the bankruptcy, news reports indicate that a Chinese owned (but U.S. based) company, Key Safety Systems, acquired...

The FDA requested that Endo Pharmaceuticals, the manufacturer of Opana ER, remove the medication from the marketplace on June 8, 2017. Opana ER is an opioid pain reliever (oxymorphone hydrochloride) and was inteded to provide 24 hour pain relief to patients with moderate to...

In the case of Wolicki-Gables v. Doctors Same Day Surgery Center, Ltd. (Fla. 2d DCA Case Number 2D15-2495), summary judgment was granted in favor of the surgery center because Florida does not recognize a private right of action for violation of FDA regulations. Facts Of The...

The CPSC (Consumer Product Safety Commission) issued an alert for a recall on infant hats sold at Tractor Supply between January 2017 and March 2017.  The recall is identified as number 17-122 with the CPSC.  The hats are being recalled because the button at the top of the...

Hyundai Company Logo Hyundai Motor America issued a recall on March 8, 2017 of 2011-2014 Hyundai Sonota gasoline and hybrid sedans due to a front seat belt assembly that may be defective.  Hyundai indicates that the anchor pretensioner may not fully latch when the linkage is...

Little Tikes 2-in-1 Snug ‘n Secure toddler swing A recall of Little Tikes 2-in-1 Snug ‘n Secure toddler swings has been issued and posted on the Consumer Product Safety Commission’s (CPSC) website.  It is recall number 17-096 and involves 540,000 units sold....

The United States Consumer Product Safety Commission (CPSC) announced on December 20, 2016 that Aria Child, a manufacturer of strollers for children, must recall its Qbit lightweight stroller.  A gap in the hinges of the stroller poses an unreasonable risk of a pinch injury...

NHTSA issued an amended order on December 9, 2016 requiring Takata to perform defective airbag recall repairs faster.   The order affects 19 vehicle manufacturers and requires the first available replacement parts to go to the riskiest vehicles.  At present, it is estimated...

The US Consumer Product Safety Commission (CPSC) posted a recall notice on December 7, 2016 for stainless steel playground slides that were manufactured and distributed by Playworld Systems, Inc. of Lewisburg, PA (Horizon Industries of Columbia, PA).  The dangerous playground...

Ford issued a safety recall of Ford Fusion and Lincoln MKZ because a seat belt anchor pretensioner cable can separate and will not adequately restrain a person in a crash.  Over 650,000 2013-2016 Ford Fusions and Lincoln MKZ’s have front seat belt anchor pretensioners that...

The National Highway Transportation Safety Administration (NHTSA) announced on November 2, 2016 that 74,027 vehicles manufactured by Volvo are recalled due to a faulty seat belt that might loosen during a crash.  In particular, the front passenger seat belt affixed by a stud may...

An ATV accident occurred in north Lakeland resulting in the death of a 5-year-old child.  Joshua Heard was operating an all-terrain-vehicle near 3705 West Socrum Loop Road when the passenger side tie rod end broke.  The accident that followed caused the vehicle to roll over...

Peloton announced that it is beta testing semi-autonomous tractor-trailer technology. This technology allows a caravan of semi-trucks to travel in close proximity to one another and to function like a single vehicle as it moves down the highway. For instance, when the lead vehicle...

Toyota Motor Corporation has recalled over 337,000 vehicles due to loose nuts on the rear suspensions of certain vehicles. The vehicles impacted are listed below: Lexus HS250h 2010 Toyota RAV4 2006-2011 Toyota claims that rust can build up on the suspension arm threat if the nuts...

Ford has issued a nationwide recall for vehicles listed below. 2013-15 C-MAX – Michigan Assembly Plant, April 19, 2012 to Jan. 31, 2015 2013-15 Escape – Louisville Assembly Plant, Oct. 19, 2011 to Jan. 31, 2015 2012-15 Focus – Michigan Assembly Plant, Aug. 1, 2010 to Jan. 31,...