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Jeep Grand Cherokee Recall- Beware of Fires

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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...

To Prevent Spoliation in Tire Cases Use Preservation Letters

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  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...

Will My Insurer Cover Me If I have A Motor Vehicle Accident In Florida Under The New Law?

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  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...

Tragic Boating Accident

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  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 Bicycle Safety - There is more to worry about than Cars

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  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...

Stryker Hip Replacement Recall

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  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...

Preserve the Evidence for Product Liability Cases

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  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...