Recent $2.375 Million Award in South Carolina Crashworthiness Case
A Florence, South Carolina jury recently awarded $2.375 million in actual damages to a girl, now 11, who suffered burns to 15% to 20% of her body when the fuel tank of her family’s Nissan Xterra caught...
View ArticleJudge-Made Law: Florida’s "Dangerous Instrumentality" Doctrine
The dangerous instrumentality doctrine is nothing new in products law. What is different about Florida’s doctrine, however, is that “it is the only state to have adopted this rule by judicial decree,”...
View ArticleToasted Skin Syndrome: The Unreasonably Dangerous Laptop
The Associated Press recently reported that if you use your laptop for too long while it sits on your lap, you could develop “toasted skin syndrome,” also known as erythema ab igne. This is a...
View ArticleRecent Florida Decision Related to Chinese Drywall Liability — Will it lead...
On November 5, 2010, Judge Glenn Kelley of the 15th Judicial Circuit for Palm Beach County, Florida ruled in favor of defendant homebuilders on homeowners’ claims that Chinese drywall installed in...
View ArticleThe Case of the Reconditioned Lawnmower and Implications on Strict Liability
As we all know, a finding by a jury that a product is unreasonably dangerous will cause the manufacturer to be held strictly liable for any injuries the product causes. But what happens when the...
View ArticleFlorida Federal Court Rules Manufacturers Have No Duty to Provide Bilingual...
The United States has always been known as a “melting pot,” a place where people from all over the world come and settle and bring their food, culture, and language with them. What does this “melting...
View ArticleMarketing vs. The Market: A Debate About Bilingual Warnings
A few weeks ago, we commented upon the recent Florida case of Farias v. Mr. Heater, Inc., — F. Supp .2d —, No. 09-CIV-23789, 2010 WL 4814660 (S.D. Fla. Nov. 19, 2010) to start a discussion on bilingual...
View ArticleJurisdiction of Federal Court Determined by Distributor Liability Analysis
For defendants in products liability actions, the issue of distributor liability is a maddening, state-by-state patchwork of different rules and laws. The same conduct by one distributor of a product...
View ArticleMontana Enhanced Injury Case Places Evidence of Seat Belt Usage Directly at...
In an enhanced or second injury case, the plaintiff claims that although the initial incident or accident caused him to suffer only minor injuries, the defective design and/or manufacture of a...
View ArticleFlorida Court Rejects “Foreseeable Misuse” Argument In Strict Liability Case
On October 1, 2012, the Southern District of Florida issued its opinion in the case Hernandez v. Altec Environmental Products, LLC, No. 10-80532-CIV, 2012 WL 4511341 (S.D. Fla. Oct. 1, 2012). The case...
View ArticleCourtney v. Nissan Motor Co., Ltd: Case Update
In 2010, we blogged about the then-recent decision in Courtney v. Nissan Motor Co., Ltd., in which a Florence County, South Carolina jury awarded $2.375 million to a young girl burned when the Nissan...
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