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  When an automobile catches on fire following a collision, it can be disastrous and in turn lead to   catastrophic injuries , including third degree burns and death. Many times this occurs as a result of a defect, making it a particularly serious issue because remedying the defect could prevent secondary injuries due to the fire. If a specific automobile tends to catch fire more so than others, this may be a sign of a defective design and a possible products liability case. This exact issue has recently come to light, as detailed in a recent New York Times article. According to the Center for Auto Safety, Jeep Grand Cherokee models produced from 1993 to 2004 are extremely susceptible to fires and should be recalled. This conclusion was based on three different tests performed on the Grand Cherokees, all the results of which indicated that these automobiles have a high tendency when compared to other similar automobiles, such as the Ford Explorer or Nissan Pathfinder...

  We have previously written that the three principle do's for   tire failure cases  are: 1) preserve the evidence; 2) preserve the evidence; and 3) see rules numbers one and two. This is because, except for in rare cases, product defect allegations, including tire defects cannot be proven without the product being available for forensic inspection by experts. Preserving the evidence means, that where possible, the evidence is obtained, and placed into storage in a fashion that will prevent the product from deteriorating. For tires and motor vehicles, this typically means placing the items in dry storage under lock and key. If the product is altered, lost, or damaged, the party who had responsibility for possession and control of the product may be charged with spoliation. Spoliation is defined by Black's Law Dictionary as the "intentional or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding." If a court determines that...

  Florida lawmakers have passed a new law which was implemented January 1 stating that all drivers from foreign countries (including Canada) must have an International Driver’s License to operate a vehicle in Florida. Many of our clients have been seeking the advice of a personal injury lawyer in Ottawa to help them determine whether they would be covered in the event of an accident if they were driving in Florida without an International License. Victims of motor vehicle accidents seeking a lawyer in Toronto may want to consult with the head office of the Insurance Bureau of Canada, which has recently issued a statement indicating that they’ve asked insurance companies to conduct business in the same way as they have to date, therefore protecting all Canadians if such an unfortunate event should arise. On their end, the Florida Highway Patrol has indicated they will not be enforcing the new law as it is subject to review due to potential conflict with international agreements. The...

  American Lake in Lakewood, Washington, was the site of a horrific and tragic boating accident on   March 1, 2009 . That afternoon, David Kenny "DK" Ross, 14 years old at the time, was operating a kayak in the lake. DK was traveling to spend the day with his father on Silcox Island, when he was unexpectedly run over by a motor boat operated by McKinley Randle. DK suffered horrible and life-altering injuries as a result of the event, which have left him physically and mentally handicapped. The injuries apparently include traumatic brain injury, in addition to neck injury and a collapsed lung. The parents of DK allege that Mr. Randle was operating his boat in a negligent manner, in that he was "traveling too fast and not keeping a proper lookout." The State of Florida and in particular, South Florida, is a hotbed for boating accidents. Surrounded by ocean and with warm weather on a daily basis, the potential for accidents on the water are countless. The problem is he...

  South Florida has had an alarming number of  bicycle accidents   in the last ten years. The rise in bicycle accidents can be attributed to many factors including the increasing number of bicyclist and the increase in traffic congestion. Unfortunately, the   South Florida infrastructure   has not kept pace with the increase demand by cyclist and motorists. A misconception of bicycle accidents is that all accident involve a collision with a vehicle. In addition to the dangers associated with sharing roadways with vehicles, bicyclist encounter unknown dangers in the form of poorly maintained roads, uneven roadways, and improperly designed roadways. When a bicyclist crosses an unpaved road or uneven road, his ability to control his bike is diminished and they are exposed to serious and permanent physical injuries. As Miami bicycle attorneys we had the opportunity last year to represent two young adults who suffered serious injuries in two separate bicycle accident...

  Hip replacement surgery is an extremely invasive, complicated and painful surgery. Recovery and rehabilitation can take many months. Obviously, this is an experience that no individual wishes to undergo once, let alone twice...for the same hip. In recent months however many individuals have required second replacement surgeries as a result of a defective hip implant system designed and manufactured by Stryker Orthopedics, one of the largest developers of medical devices, including hip replacements. Drug crimes lawyer . These defective devices are specific to two separate Stryker hip replacement systems, specifically the Rejuvenate and ABG II systems.Thumbnail image for hip replacement photo.JPG Stryker began alerting the medical community to these defective hip systems in April 2012, when they sent an Urgent Field Safety Notice to surgeons and hospitals who reportedly used either the Rejuvenate or ABG II hip replacement systems. An official voluntary recall was then issued in t...

  The three most important rules for handling product liability cases are: (1) preserve the evidence; (2) preserve the evidence; and (3) preserve the evidence. This is especially true for Florida product liability lawyers who must deal with climate, hurricanes, and salt water conspiring with other factors to erode evidence. When the integrity of a product is called into question, through allegations of design or manufacturing defect, it is critical to preserve the product following an accident. Sometimes, it is actually impossible to preserve the evidence when the product itself has been destroyed as a result of an accident. For example, a fire caused by a defect may destroy much of the evidence, or a boat which malfunctions may be lost at sea. Nevertheless, to the extent possible, whatever remains of the product should be preserved by storage, photographing, and/or videotaping. If the product is damaged, an exemplar product may have to be purchased for inspection and analysis in...

  The State of Florida has more boating accidents than any of the other 49 states. This is for a number of reasons including the sheer number of boaters and the numerous waterways surrounding and throughout the state. The South Florida area has a particularly high number of boat accidents as boaters are able to use the waterways year around. The following is a horrific example of the potential hazardous and dangerous situation that can occur with the operation of a boat, like any other motor vehicle: During the Easter holiday in 2005, two young girls took out a personal water craft (PWC) or Waverunner in hopes of a quick and fun ride off of North Flagler Drive in the West Palm Beach area of South Florida. Federal crimes . Minutes later the two girls were involved in a tragic accident, colliding with another boat while traveling very fast. One of the girls suffered severe brain damage and other physical injuries, while the other young girl died at the scene. The attorneys for the...

  As Miami trial lawyers, who handle a significant number of tire cases, we have been asked to consider what constitutes a perfect tire case. Upon reflection, we believe that such a case is akin to a unicorn, a mythical beast. The perfect tire case in our view would go something like this: A consumer purchases a brand new vehicle, and upon riding out of the car dealership's lot, one of the tires suffers a tread separation, which results in an accident causing injury. Federal crimes . This event is captured on the dealership's surveillance video and becomes exhibit #1 at trial. Unfortunately, that is not the way defective tire cases unravel, literally or figuratively. A tread separation which arises out of a manufacturing or design defect is like a cancer which takes many miles and revolutions of the tire to manifest itself. These events are almost never captured on video tape and have to be reconstructed by accident reconstruction experts. Furthermore, the many miles require...

  The manner in which the tread of a tire peels away during a tread separation event will dynamically affect the stability of the vehicle. Miami tire lawyers need to understand these dynamics because tread separation events happen most frequently in the warm weather states such as Florida, Texas, Arizona, and California. Vehicle dynamic experts have studied the effects of the tread of a tire peeling away with the top steel belt while leaving the carcass of the tire and the underlying steel belt intact. Lawyer firm in Ohio. These events typically occur at highway speeds because the centrifical forces required to have the tread disengage from the rest of the tire are only reached at highway speeds. The length of time that it takes for the actual disengagement of the tread is proportional to the amount of vehicle instability. With each rotation of the tire there is a drag and pulling dynamic which occurs in the direction of the side on which the tread separation is occurring. Durin...

 In a tire case, the most important initial step is to secure and protect the evidence. After this has been accomplished, the tire that has failed will need to be examined by a forensic tire expert. This may seem like a simple straight forward proposition, but getting the tire expert together in the same room with the critical evidence may be subject to more nuances than the inexperienced attorney may suspect. Miami tire lawyers understand that the tire that has failed, together with the tread pieces that may have detached from the tire are key pieces of evidence which need to be preserved throughout the case so that they may be presented at trial, if necessary. Lose this key evidence and a multi-million dollar case may be lost. Because there are only a handful of qualified forensic tire experts in the entire world, the tire expert chosen by an attorney may reside far from the location where the tire is being stored. Accordingly, some attorneys will use a delivery service such as...

  As we approach the summer months, Florida tire lawyers will unfortunately see an increase in tire failures resulting in rollovers. This has been an undeniable pattern since steel belted radial tires were introduced four decades ago. Studies have shown that tires, whose chronological age is older than six years, have a higher propensity for experiencing tread separation events. This is not only borne out by studies focusing on tire age, but it is also supported by scientific analysis happens to rubber over time. The passage of time has a deleterious effect on the elastic and supple qualities of rubber. Studies have shown that over time rubber hardens, loses elasticity, and has a lower break point tolerance. Asylim law in Ohio . The qualitative effect on rubber by time can be observed by the laymen in rubber bands which become brittle, break more easily, and have less elasticity as time goes by. When the effect of the passage of time on rubber is coupled with heat, the result f...

 When a tire fails, causing a rollover and catastrophic injuries, an investigation will follow regarding the cause of the tire failure. Tire manufacturers and sellers will rush to propose a catalogue of reasons as to why the tire failed. Not surprisingly, this list will always exclude design and manufacturing defects built into the tire by the tire manufacturer. Miami tire lawyers and lawyers throughout the country who handle product liability cases will be confronted with dealing with this catalogue of reasons for the tire failure, which will undoubtedly focus on the driver, user, or owner of the vehicle and tire. In order to properly investigate and test the theories set forth by defendants in tire cases, it is helpful to analyze the companion tires on the vehicle. For this reason, the companion tires and the spare tire need to be preserved for forensic evaluation by tire experts. Best lawyers in Ohio . This evidence is critical because the companion tires have typically expe...

  When a tire fails, causing a rollover and catastrophic injuries, an investigation will follow regarding the cause of the tire failure. Tire manufacturers and sellers will rush to propose a catalogue of reasons as to why the tire failed. Not surprisingly, this list will always exclude design and manufacturing defects built into the tire by the tire manufacturer. Miami tire lawyers and lawyers throughout the country who handle product liability cases will be confronted with dealing with this catalogue of reasons for the tire failure, which will undoubtedly focus on the driver, user, or owner of the vehicle and tire. In order to properly investigate and test the theories set forth by defendants in tire cases, it is helpful to analyze the companion tires on the vehicle. For this reason, the companion tires and the spare tire need to be preserved for forensic evaluation by tire experts. Lawyer firm in Ohio . This evidence is critical because the companion tires have typically expe...

  When an automobile catches on fire following a collision, it can be disastrous and in turn lead to catastrophic injuries, including third degree burns and death. Many times this occurs as a result of a defect, making it a particularly serious issue because remedying the defect could prevent secondary injuries due to the fire. If a specific automobile tends to catch fire more so than others, this may be a sign of a defective design and a possible products liability case. This exact issue has recently come to light, as detailed in a recent New York Times article. According to the Center for Auto Safety, Jeep Grand Cherokee models produced from 1993 to 2004 are extremely susceptible to fires and should be recalled. Lawyer firm in Ohio . This conclusion was based on three different tests performed on the Grand Cherokees, all the results of which indicated that these automobiles have a high tendency when compared to other similar automobiles, such as the Ford Explorer or Nissan Path...

  We have previously written that the three principle do's for tire failure cases are: 1) preserve the evidence; 2) preserve the evidence; and 3) see rules numbers one and two. This is because, except for in rare cases, product defect allegations, including tire defects cannot be proven without the product being available for forensic inspection by experts. Preserving the evidence means, that where possible, the evidence is obtained, and placed into storage in a fashion that will prevent the product from deteriorating. Lawyer firm in Ohio . For tires and motor vehicles, this typically means placing the items in dry storage under lock and key. If the product is altered, lost, or damaged, the party who had responsibility for possession and control of the product may be charged with spoliation. Spoliation is defined by Black's Law Dictionary as the "intentional or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding." If a c...

 When a tire has failed by tread separation, and allegations are made that the tire was defective, by design and/or manufacture, a defense will undoubtedly be mounted by the tire company that manufactured the tire. As Florida tire attorneys who routinely deal with tire cases, we are not aware of any case where a tire manufacturer has come forward and admitted that the company manufactured a defective tire. Of all the millions and millions of tires that are manufactured, are we to believe that there is not a single lemon among them? Lawyer firm in Ohio . We know that tire companies, from time to time, recall certain models of tires because of defect concerns. In a tire case lawsuit, the tire company which manufactured the tire will list a forensic tire expert, typically to assert that the tire was not defective in any fashion, and failed because of exposure to misuse and/or road hazards. In going about a cross-examination of such experts, there is no alternative to thorough prepa...