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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...

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Judge-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,”...

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Toasted 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...

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Recent 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...

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The 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...

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Florida 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...

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Marketing 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...

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Jurisdiction 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...

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Montana 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...

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Florida 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...

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Courtney 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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