Vaginal mesh injuries have resulted in many Florida products liability claims in recent years. Vaginal mesh has been used to treat women’s health issues, such as pelvic organ prolapse and stress urinary incontinence, by supporting weakened or damaged tissue. However, the use of vaginal mesh has led to serious complications…
Articles Posted in Defective Products
The Duty to Preserve Evidence in Florida Products Liability Suits
Understanding when a person or entity must preserve evidence and how to get them to do so is an important part of a Florida product liability case. For example, if a person claims that a product is defective, preserving the evidence so that it can be inspected is essential. A…
Florida Court Finds Plaintiff’s Claim Against Homebuilder Was Time-Barred
Last month, a state appellate court issued a written opinion in a Florida personal injury case involving the state’s statute of repose for claims related to the “design, planning, or construction of an improvement to real property.” Ultimately, the court concluded that the plaintiff’s claim fit within the statute’s reach,…
The Importance of Deciding Which Defendants to Name in a Florida Product Liability Lawsuit
Florida product liability law is primarily based on strict liability. Strict product liability refers to a claim in which the plaintiff alleges that the product at issue was defective or unreasonably dangerous. The focus of these claims is on the product itself, and these claims do not require a plaintiff…
Can Online Retailers Like Amazon Be Held Liable for Dangerous Products Sold in Florida?
E-commerce is responsible for a growing share of all retail sales. As a general matter, when a dangerous product injures a consumer, any company in the supply chain can be held liable through a Florida personal injury lawsuit. A recent federal appellate court decision clarifies the situations in which large…
The Element of Causation in Florida Personal Injury Cases
The typical Florida personal injury case requires the plaintiff to establish proof of four elements: duty, breach, causation, and damages. In many cases, the defendant acknowledges that they breached a duty that was owed to the plaintiff and that the plaintiff suffered injuries, but they claim that their breach of…
Florida Product Liability Design Defect Cases
When someone is injured due to a dangerous product, manufactures, retailers, and any other person or company in the supply chain can generally be held liable through a Florida product liability lawsuit. There are several theories under which an injury victim can bring a product liability lawsuit, including defective design…
Court Allows Florida Injury Victim to Pursue Punitive Damages Against Ride Owner
In April 2019, a state appellate court issued a written opinion in a Florida personal injury lawsuit determining whether the lower court properly allowed the plaintiff leave to amend her complaint to add punitive damages in her claim against the defendant. Ultimately, the court determined that it did not have…
Florida Court Dismisses Product Liability Claim Based on Lack of Jurisdiction
Recently, a state appellate court issued a written opinion in a Florida product liability case discussing whether the State of Florida had personal jurisdiction over the defendant, a company that mined and processed talc that was included in products manufactured by other companies. What Is Jurisdiction? The term jurisdiction refers…
Plaintiff’s Failure to Follow Instructions Included with Air-Powered Tool Results in Dismissal of Product Liability Case
Recently, a state appellate court issued an opinion in a personal injury case discussing whether a plaintiff’s case against a defendant manufacturer is subject to dismissal at the summary judgment stage if the defendant manufacturer can establish that the plaintiff misused the product at issue. Ultimately, the court concluded that…