Your children’s birthday can be stressful for parents. That’s why you don’t want to worry about the toys you are buying your child.  You have enough to contend with planning the party, decorating the cake and buying presents.

The Consumer Product Safety Commission (CPSC) has reported a decrease in the overall number of toys that are recalled.  However, injuries do happen, including over 180,000 in 2014 along with 11 deaths.  Here are three tips from the CPSC to protect yourself from “dangerous toys” (http://www.consumeraffairs.com/news/toy-safety-for-the-holidays-and-all-days-112315.html).

Eric Rosado3 Lifesaving Tips Every Parent Should Know Before Buying Toys in FL
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PRA-product-recalls

What Happens When Products Recalls Are Ignored? 10 Product Recalls You Need to Know About

The ABC News “20/20” investigation will air a show this Friday that reports most recalled products are not turned in or fixed, remaining in homes or listed for sale. Although it’s illegal to sell a recalled product, the news teams across 17 ABC News affiliates across the country found a wide range of recalled products easily available for resale.

Did you know product recall system works is based mostly on the companies’ initiative?

Under current federal law, the way the product recall system works is based mostly on the companies’ initiative. There is no minimum effort required by manufacturers and no specified amounts of money or effort required to get the word out about safety recalls.

We hope that by posting recalls in our blogs and in our newsletters we can help spread the word about recalled products and help save people from injuries.

Help us spread the word about recalled products and save people from injuries.

Here are ten recent recalls that have made headlines. Make sure if you are using any of these recalled products to stop using them. If you know anyone who does use these products, then forward our link and help spread the news.

  • Ortega Taco products by B and G Foods have been recalled because the product may contain peanuts and almonds and, if eaten, could result in severe allergic reactions in persons sensitive to peanuts and almonds. Anyone who purchased recalled Ortega Taco products can return them to the store of purchase for a full refund. For information on the recall contact Band G Foods at 1-877-929-2576.
  • McDonald’s is recalling “Hello Kitty® Birthday Lollipop” Whistles distributed exclusively at McDonald’s restaurants nationwide from October 2014 to November 2014 because components inside of the whistle can detach, posing choking and breathing hazards.
  • A Minnesota company is recalling 1,200 pound of ground beef products that may be contaminated with E. coli, according to a release from the U.S. Department of Agriculture’s Food Safety and Inspection Service. Ranchers Legacy Meat Company of Vadnais Heights is recalling products packaged in plastic cryovac-sealed packets containing various weights of ground beef. All products produced on Nov. 19 are subject to the recall and have the package use by code of 12/10/2014 with the establishment number “Est. 40264” inside the USDA mark of inspection, according to the release.
  • Nearly 5 million strollers have been recalled by Graco Children’s Products because the strollers have an exposed hinge that could nip tiny fingers. That, in turn, poses “a laceration or amputation hazard,” according to a news release from the company. So far Graco has received 11 reports of finger injuries, including six finger amputations. To learn more about the recall, go to Graco’s website and click: “Stroller Recall – 2014 announcement.
  • City Line Foods Manufacturing Co., a Lancaster, Pa., establishment is expanding their recall to include an additional 12,282 pounds of frozen pretzel hot dog products due to misbranding and undeclared allergens, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced. This brings the total pounds of product recalled to 1,208,951 pounds. The products contain soy lecithin, a known allergen which is not declared on the product label. The recalled products were produced Nov. 14, 2013 – Nov. 14, 2014. The following products are subject to the expanded recall: Kunzler Cheddar Pepper Frank Pretzel Dogs, Kunzler Pretzel Dogs, Kunzler Turkey Pretzel Dogs, and Berks All Beef Pretzel Franks.
  • 4Seasons folding lounge chairs sold at Ross Stores nationwide between April and June 2013 with product SKU numbers 400085136029 (bronze fabric and frame), 400085136036 (turquoise fabric, white frame), and 400085136043 (orange fabric, white frame) have been recalled because the chair can tip or recline too quickly, posing a fall risk.. The SKU numbers can be found on the retailer’s hang tag attached to one of the arms. Details: 888-529-6524 or go to www.4seasonsglobal.com.
  • Lindberg Family Farms, a company based in Northern California, has voluntarily recalled two brown rice flour products, Eco-Farmed Brown Rice Flour and Organic Brown Rice Flour sold Nov. 4-12 in bulk bins and in 25-pound bags by mail order and at retail stores in California, Hawaii, Nevada, Arizona and Massachusetts because it may be contaminated with salmonella. The 25-pound bags have the following lot numbers: 141027, 141028,141029 and 141030.
  • An Illinois firm issued a class-1 recall for pierogi products which are incorrectly labeled. Kasia’s Deli Inc. is recalling approximately 2,059 pounds of pierogi products due to misbranding and undeclared allergens. According to the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) the products contain wheat, soy, eggs, and milk, known allergens which are not declared on the product label. Full report here.
  • Simplex 4100ES Fire Alarm Control Panel has been recalled due to a defective chip in the alarm panel which can cause premature battery failure and prevent activation of devices during alarm conditions, posing a risk of injury and property damage.
  • Aurobindo Pharma USA is voluntarily recalling lot GESB14011-A of Gabapentin Capsules, USP 300 mg 100-count bottles to the consumer level. The product lot has been found to contain some empty capsules. Empty capsules could result in missed dose(s) of gabapentin resulting in adverse health consequences that could range from no effect, short term reduction in efficacy, short term withdrawal effect, or status epilepticus (long period seizures) that could be life-threatening. Aurobindo Pharma USA, Inc. has not received any reports of adverse events related to this recall to date, but has received four complaints for empty capsules.
Eric RosadoWhat Happens When Products Recalls Are Ignored? 10 Product Recalls You Need to Know About
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Can I Sue If I Was Injured on an Airplane?

When people think of airplane accidents, it is likely they imagine the tragic, dramatic crashes that injure or kill many people at once. However, it is possible to become injured on an airplane that hasn’t crashed, simply through the negligence of the pilot or other airplane staff. A number of airline passengers each year suffer minor, severe or sometimes fatal injuries caused by events in-flight. Passengers who are injured in-flight may have legal claims against the airline, the airline’s employees, aircraft and equipment manufacturers, or even the Federal Aviation Administration (FAA).

Types of In-Flight Injuries

Many in-flight injuries are caused by luggage falling from overhead bins. Rolling food carts can injure seated passengers by ramming shoulders, elbows, etc. Additionally, these carts can injure passengers who are moving about the cabin. Slip and fall accidents can also occur while passengers are moving about the cabin. Severe turbulence can cause in-flight injuries if the pilot or other staff fail to warn passengers that they need to sit down and fasten their seat belts. According to the FAA, almost 58 passengers are injured each year due to turbulence while not belted in.

Who Can Be Held Liable for In-Flight Injuries?

Airlines are considered common carriers. This means that they owe a high standard of care to their passengers. Because of this, they can be liable for damages if they fail to properly train their staff. This standard of care extends to all staff members as well. An airline employee can be liable for injuries caused by negligence. This can include the pilot, flight attendants, ground crew, maintenance staff, and others. A negligent act can include a flight attendant improperly latching an overhead bin, allowing the luggage inside to fall out.

The FAA, which is responsible for controlling air traffic, can be liable for damages if an air traffic controller causes an accident between two planes on the runway. The FAA is a federal agency and special rules and procedures will apply to that lawsuit.

It is also possible that a manufacturer of airplanes or airplane parts can be held liable for damages. If a passenger is injured in an accident caused by a defective piece of equipment or a design flaw, then the injured party may have a product liability claim.

Additionally, there could be several combined factors that lead to an in-flight injury. For help in investigating your claim, it is important to work with an experienced personal injury attorney.

For more information regarding your rights following an in-flight injury, contact the personal injury attorneys from Wolf & Pravato – 1-954-633-8270.

Eric RosadoCan I Sue If I Was Injured on an Airplane?
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What Causes Brain Injuries and Who Can Be Held Liable?

What is a Brain Injury?

According to the Centers for Disease Control and Prevention, as many as 1.4 million American suffer a brain injury each year. Brain injuries occur when physical trauma to the head disrupts the normal functioning of the brain. Some common causes of brain injuries include car accidents, slip and fall accidents and assaults. A person does not have to be involved in a major accident to suffer a brain injury, and some brain injuries can be difficult to detect and are often misdiagnosed.

Common Types of Brain Injuries

A concussion is a common type of brain injury and involves the violent shaking of the brain due to a blow or jolt to the head. While concussions are common in contact sports such as football, concussions also may occur as a result of head trauma sustained in car accidents, or in a slip and fall. Concussions can result in permanent brain damage so it is imperative you receive medical attention as soon as possible.

Acquired brain injuries refer to a type of brain damage that is not caused by external physical trauma. Acquired brain injuries are caused when brain cells are deprived of oxygen, such as in a near-drowning incident or exposure to toxic chemicals.

A closed head injury, such as whiplash, is not obvious, but can cause substantial damage. With a closed head injury, there can be little to no noticeable damage to the head.

Common Symptoms of Brain Injuries

Symptoms of brain injuries can present themselves differently in adults and children. Either way, it is important to seek medical attention immediately if you believe you or someone you love has experienced a brain injury.

Symptoms in Adults

  • Persistent headache
  • Memory loss
  • Dizziness
  • Fatigue
  • Listlessness
  • Inability to concentrate
  • Nausea
  • Blurred vision
  • Changes in mood, behavior or cognitive function

Symptoms in Children

  • Listlessness
  • Tiredness
  • Loss in interest in toys or activities
  • Loss of new skills
  • Irritability
  • Vomiting
  • Unsteady walking/trouble balancing
  • Changes in eating patterns, sleep, play, school performance

Loss of consciousness is a common symptom of a brain injury, but is not an absolute indicator. Even severe brain injuries can occur without loss of consciousness. Additionally, symptoms can appear over time. This means that brain injuries are commonly misdiagnosed. It is important to persistently seek medical attention if you have experienced a blow to the head.

Who Can Be Held Liable for a Brain Injury?

There are myriad causes for a brain injury, including but not limited to:

  • Car accidents
  • Train accidents
  • Airline accidents
  • Bus accidents
  • Taxi accidents
  • Slip and fall
  • Defective products (particularly ones that are ingested or contain hazardous chemicals)
  • Medical malpractice

A business or property owner, common carrier, medical health professional, manufacturer or any party associated with an accident that resulted in a brain injury may be held liable for damages if negligence can be proven. Compensation may be available to you for your medical expenses, lost wages, etc. If you or someone you love has suffered a brain injury in Boynton Beach, contact the personal injury attorneys at Wolf & Pravato. Call us at 1-954-633-8270 or fill out our online contact form.

Eric RosadoWhat Causes Brain Injuries and Who Can Be Held Liable?
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What is my Defective Product Claim Worth?

The ares of law that attempts to recover losses for victims of defective products is known as product liability. The law protects consumers by holding responsible the person or persons responsible for a defective product that has resulted in injury.

Responsible parties for defective products can be that products designer, manufacturer, distributor or seller or any combination thereof. However, proving responsibility along the chain of people and companies involved in the creation, distribution, and marketing of a product can become complex and will require the services of an experienced product liability attorney.

Primarily, there are three types of defects that can lead to product liability:

  • Design defects – Design defects occur when the initial blueprint of the product contains a flaw that renders the product unsafe. For example, in 2005, a Washington D.C. Major League Baseball umpire was struck in the throat guard of his face mask by a foul ball. The metal frame of the mask came apart and was pushed into his ear canal. The umpire was awarded a $775,000 settlement after he alleged that the face mask was defectively designed as well as not properly tested.
  • Manufacturing defects – Manufacturing defects happen when, even though the product is properly designed, the production of the product rendered it defective through some sort of mistake in the process. If hardware such as screws were mistakenly left out during a product’s assembly, then the product would have a manufacturing defect.
  • Warning defects – Warning signs of defective tires or other products occur when a product lacks sufficient warnings or instructions and its use results in injury. In 2003, a California police officer was shot 13 times and killed even though he was wearing a bulletproof vest. A jury found that the makers of the vest failed to warn users that the vests could deteriorate over time. The widow of the slain officer was awarded a settlement of $3.6 million.

There are different legal theories that can contribute to a product liability claim. One is the theory of strict liability which states that if a defendant is found responsible for a defective product, they are solely responsible for damages, regardless of any fault of the user.

In contrast, the theory of negligence in product liability claims states that the user of the product would need to show that the party responsible for a defective product breached the duty of creating a reasonably safe product, and those actions resulted in a loss. For example, a 29-year-old woman was killed in an accident involving an inflatable pool slide. It was found that more than 4,000 of those slides had been sold nationwide without being tested to determine if they met federal safety standards.

If you or someone you love has been injured by a defective product in Boynton Beach or in South Florida, contact the personal injury attorneys at the law offices of Wolf & Pravato. You can reach us by email or at 1-954-633-8270.

Eric RosadoWhat is my Defective Product Claim Worth?
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How Much is my Personal Injury Case Worth?

Personal injury claims, or wrongful death claims, arise when an injury, or worse, is caused by the fault of another. When a person is injured due to someone else’s negligence, the injured party may have the legal right to seek compensation from the responsible party. Some of the most common types of personal injury claims involve car accidents, slip and falls, animal attacks, product liability and medical malpractice.

The amount of money awarded for personal injury claims varies from case to case. There are many important factors to keep in mind in order to maximize your compensation. You are going to need to prove that the person or company that caused your injuries, or the death of a loved one, was careless, reckless or negligent and that the negligence directly caused the injuries. If you are involved in an auto accident or slip and fall, take photos and write down witness names; collect whatever evidence you can that links the accident to your injuries.

It is important to collect and document all facts pertaining to your injury. You should to see a doctor as soon as possible after you have been injured. Your medical records and receipts from medical bills can all be used to prove the extent of your injuries and how much they have cost you. A doctor will also be able to give proof of any future effects your injuries will have. For medical malpractice claims and wrongful death cases, we will take all steps to immediately secure all necessary medical records to help prove your case.

You can be awarded damages if it is determined that your injuries will impact your ability to work or if they will affect the future enjoyment of your life. In 2007, a Florida man was involved in a car accident with a driver who was using his cell phone at the time of the crash. The man suffered injuries and was no longer able to work and required daily assistance. The court awarded him and his wife $14 million in damages.

While the paperwork provided from your doctor can help to determine what compensatory damages you may receive in order to cover your medical expenses, future needs and lost wages, it is harder to quantify what you should receive for your pain and suffering. This can include emotional distress, loss of enjoyment of life, loss of your ability to care for your children or any impacts on your relationship with your spouse.

In 2006, a Florida roofer was injured in a construction site accident and was awarded $16.4 million in damages and another $156,000 was awarded to his minor daughter due to her loss of parental support. Our legal team employs the top economists and life care planners as expert witnesses to help us maximize your claims and to get you the total amount of money that you deserve.

Another important factor in determining what you can receive for your personal injury claim is time. There is a statute of limitations on personal injury claims; after the time limit runs, you can no longer bring a claim. In the state of Florida, the statute of limitations are as follows:

  • Personal Injury – 4 years after the date of the accident
  • Car Accident – 4 years after the date of the accident (5 Years for Uninsured Motorist claims)
  • Medical Malpractice – 2 years
  • Wrongful Death – 2 years

The statute of limitations varies from case to case, so it is important to speak with an experienced professional as soon as possible.

Additionally, nominal and punitive damages can be awarded to victims in personal injury claims. Nominal damages reflect the fact that you have been legally wronged. Punitive damages are meant to punish the negligent party and to serve as a warning to anyone else who intends to act similarly.

For example, in June 2013, a couple was awarded $27 million in an asbestos mesothelioma lawsuit brought against a negligent company; $12 million for pain and suffering, $4 million for loss of consortium, $342,500 for economic damages and $11 million in punitive damages.

For more information, please contact us today – 1-954-633-8270.

Eric RosadoHow Much is my Personal Injury Case Worth?
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Defective products injure consumers every day when manufacturers or retailers are negligent in the design, manufacture and sales of consumer goods. Because defective products law varies from state to state and can be unique to the type of situation you are in, a product liability law attorney may be necessary to handle a defective product claim when you did not own the product yourself.

Typically in this type of claim, the injured victim or their household must own the product that caused injury to be able to claim negligence under defective products law. However there are many cases where a victim can file a product liability claim when they did not own the product.

If you can prove that you were rightfully allowed to use the product and that you were using it in a reasonable manner, you may still be able to claim that the manufacturer or seller is responsible for your damages. This can often be a tricky claim to negotiate, and a product liability law attorney can help you determine your rights.

Remember that to have any type of defective product claim you need to prove that: 

  • the defective products in question were being used in a reasonable manner;
  • the defective products were used without alteration; and
  • you sustained damages directly related to product use.

If you have these elements, you may still have a valid product liability claim on your hands even if you did not personally own the product.

If you are questioning whether or not you can file a claim or would like help with applying defective products law to your injury case, reach out to legal support.

A Product Liability Law Attorney Can Help with a Defective Product Claim 

Defective products can cause serious injury and property damage resulting in medical bills, unexpected expenses, and the potential for long-term disability.

If you or a loved one has suffered serious injury or death from dangerous or defective products, contact us immediately. We will answer all of your questions, explain your rights under and help you to seek compensation through a claim. Justice is not automatic, and we will fight for your rights. Wolf and Pravato are based in Fort Lauderdale, but an attorney from our firm is here to help all victims and their families from Miami to Ft. Myers. Call 954-633-8270.

 

Eric RosadoCan I pursue compensation in a defective products claim even if I didn’t own the product that caused me injury?
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Reporting Defective Products to Determine Liability for Fort Lauderdale Injury

If you or a loved one were hurt by a defective product, you should immediately seek medical attention for your injuries and then be sure to report the product to the proper authorities so that no one else is hurt. After you’ve taken care of your medical needs and alerted the appropriate parties of the defective product, you should seek assistance from a Fort Lauderdale personal injury lawyer to learn about your options for product liability compensation.

Locations to Report Defective Products

There are different ways to report different products, and contact information can often change. Be sure to check with your lawyer when reporting a defective product that caused you harm.

  • For consumer products, call the Consumer Product Safety Commission at 1-800-638-2772 or visit their website to fill out an online form.
  • For defective automobiles, defective tires, accessories, and restraints call the National Highway Traffic Safety Administration at 1-888-327-4236 or log on to their website for an online complaint form.
  • For problems or defective items on boat or watercraft that’s less than 10 years old, send a letter to the U.S. Coast Guard or fill out their online report form.
  • For defective food products, such as meat, eggs or dairy, call the U.S. Department of Agriculture: 1-888-674-6854.
  • For defective medical drugs, medical devices or cosmetics, contact the Food and Drug Administration: 1-800-332-1088.

If you are suffering a serious injury from a defective product, you may have grounds to file for product liability compensation. Meet with a lawyer to discuss your case.

Getting Help from The Law Offices of Wolf & Pravato 

We represent clients with devastating injuries and implement immediate investigations to determine if a product defect was involved in causing injuries or death. Because of the complexities of product liability cases, it is very important to preserve the evidence, to ensure the scene is secured and documented and that all critical testimony be taken. Once these steps are taken, we can then perform our detailed analysis and examination to identify all potential aspects of the product defect case. Contact us by email or call today so we can get started on your case – 1-954-633-8270.

Eric RosadoReporting Defective Products to Determine Liability for Fort Lauderdale Injury
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Recoverable Damages in product liability lawsuits

Every day, we purchase mass-produced products from stores. Unfortunately, with mass production, quality checks can be seldom or nonexistent. This can lead to an injury from a product that is defective and was not found by the manufacturer before you purchased and used it. If you or a loved one were injured by a manufacturer’s defective product, liability can determine the damages that you may be able to collect.

The damages you can recover through product liability lawsuits vary with the types of injuries you have encountered. Most compensation will be determined by the amount of financial losses you have experienced due to this accident. It can include:

  • Medical bills and expenses
  • Lost wages and future inability to work
  • Mental pain and suffering
  • Property damage
  • Permanent physical damages or disfigurement

To help the court or jury make the decision of how much product liability compensation you will receive, you will explain how you were injured and supply any necessary evidence such as the products itself, eyewitness accounts and photos, and/or video that gives support for product liability lawsuits.

You also may have to provide medical records that document what your current medical conditions are and what they may be in the future. By collecting all of this information after an accident, you and your lawyer can increase the odds of a favorable outcome for your product liability lawsuit stemming from a seriously defective product injury.

Getting Help from a Personal Injury Lawyer

We represent clients with devastating injuries and implement immediate investigations to determine if a product defect was involved in causing injuries or death. Because of the complexities of product liability lawsuits, it is very important to preserve the evidence, to ensure the scene is secured and documented and that all critical testimony be taken.

Once these steps are taken, we can then perform our detailed analysis and examination to identify all potential aspects of the product defect case.

Contact us by email or call today so we can get started on your case – 1-954-633-8270.

Eric RosadoWhat can be recoverable in product liability lawsuits?
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The National Highway Traffic Safety Administration today announced that Dorel Juvenile Group (DJG) is recalling 794,247 child safety seats because the harness locking and release button does not always return to its locked position. A button that is not in the locked position can allow the harness adjustment strap to slip back through the adjuster as a child moves around in the seat and results in a loose harness, increasing the risk of being injured a crash

DJG said the problem involves certain restraint systems manufactured from May 1, 2008, through April 30, 2009, which have a “Center Front Adjuster” (CFA) for the harness. These include infant, convertible , and booster child restraint systems which were sold both as stand-alone seats or part of a travel system (with a stroller).

Click here to view more information from Dorel about the recall, including a complete list of the models being recalled.

DJG said it intends to provide consumers with a remedy kit consisting of a small tube of non-toxic, food-grade lubricant to be applied to the CFA to prevent sticking and allow it to properly engage the CFA strap . Instruction on how to apply the lubricant will be provided, along with a label to indicate that the repair has been completed.

Until the remedy has been applied, consumers can continue to use the seats , however, parents and caregivers should make sure the harness is properly adjusted and the lock/release button is fully in the locked position. After adjustment, pull on the shoulder part of the harness to make sure it is secure and does not loosen.

NHTSA began a formal investigation of this issue on March 5, 2010, and indicated it would continue to keep the investigation open to further evaluate the adequacy of the recall scope .

Consumers who want more information about this recall should contact the manufacturer directly at 1 866-623-3139 or via email to harnessadjustment@djgusa.com.

Consumers are reminded that they can get additional information about all child safety seat recalls, and recalls for all vehicle makes and models as well as tires at NHTSA’s safety web site: www.safercar.gov. Consumers can also sign up at this site to receive free, automated electronic notification of specific vehicle, child seat and tire recalls as soon as they are announced.

 

Eric RosadoConsumer Advisory: Dorel Recalling Nearly 800,000 Child Safety Seats For Safety Harness Issue
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