Florida Products Liability Questions & Legal Answers

78 legal questions have been posted about products liability by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include food products liability, automotive products liability, and drug and medical device litigation. All topics and other states can be accessed in the dropdowns below.

Recent Legal Answers

are there any attorneys that handle tobacco cases?

Answered 3 years and 11 months ago by attorney Loren L. Gold | 1 Answer

Hello Peggi, There are firms handling tobacco cases under certain circumstances which we refer to. You will need to reach out for a referral.

Owed money that was promised to care for thier mom 24/7 four yeats

Answered 4 years and 6 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

If you are owed money, you would have to make a claim against the estate. Otherwise, unless you were in the will by the woman who passed. You simply get nothing in regard to the property. You should have done something to protect yourself better.

If you are owed money, you would have to make a claim against the estate. Otherwise, unless you were in the will by the woman who passed. You simply... Read More

Dunkin donuts lids faulty,burned scrotum &penis,legs

Answered 5 years ago by attorney Loren L. Gold | 2 Answers

Hello Jeremiah, Sorry to hear. Hope that you are and will be fine. A Personal Injury attorney can investigate this matter and determine all possible responsible parties and can guide and advise you and evaluate your claim. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. There are requirements to follow and deadlines, so do not delay.... Read More

Hello Jeremiah, Sorry to hear. Hope that you are and will be fine. A Personal Injury attorney can investigate this matter and determine all... Read More

I have a recall 2019 low fuel pump issue of Toyota Camry. They did replacement but had residual fuel overspill. Now they asking me to take car

Answered 5 years ago by attorney Mark Tischhauser, Esq. | 1 Answer

No one is going to declare your car a biohazard for a fuel over spill any more than you can sue a gas station for breathing the fumes when you pump gas. The smell is a temporary issue that goes away when the gas evaoporates.

No one is going to declare your car a biohazard for a fuel over spill any more than you can sue a gas station for breathing the fumes when you pump... Read More

Zantac lawsuit representation

Answered 5 years and 9 months ago by attorney Loren L. Gold | 1 Answer

Hello Gerald, If you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. There are requirements to follow and deadlines, so do not delay.

Hello Gerald, If you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this... Read More

My son was in an accident, the airbag did not deploy. He has a very bad concussion. The air bags were recalled and changed out prior to the accident.

Answered 5 years and 10 months ago by attorney Loren L. Gold | 2 Answers

Hello Debra, I am sorry to hear about your son's bad concussion-we take head injuries very seriously. Make sure that you preserve the car for inspection. There are requirements to follow and deadlines, so do not delay. A Personal Injury attorney can investigate this matter and determine all possible responsible parties rather than pursuing on your own. Choose an experienced professional to guide and advise you and evaluate your son's claim. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. ... Read More

Hello Debra, I am sorry to hear about your son's bad concussion-we take head injuries very seriously. Make sure that you preserve the car... Read More

What category of lawyer can help me with a food poison incident?

Answered 6 years and 9 months ago by attorney Stephen Arnold Black | 2 Answers

You should preserve any evidence, seek medical attention and retain counsel here in Florida for contingency fee representation which means you don’t pay anything unless you win.

You should preserve any evidence, seek medical attention and retain counsel here in Florida for contingency fee representation which means you... Read More

What to do in small claims case when plaintiff was negligent, violation of FLDUTPA, and failure to fix defective mobility lift - also improper procedu

Answered 7 years and 3 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

You will obviously need to find the means to actually hire a lawyer to address this issue. Other than the classic Pro-Se alphabet soup counter-claim defense mechanism, merely alleging such things is a far cry from proving them. Judges will usually ignore the shot gun defenses leveled and not proven and worse that usually gives a hiuge credibility bump to plaintiffs in such cases. ... Read More

You will obviously need to find the means to actually hire a lawyer to address this issue. Other than the classic Pro-Se alphabet soup counter-claim... Read More

YES I AM WONDERING WHAT IS THE BEST KIND OF LAWYER I CAN GET TO REPRESENT ME IN A CASE THAT I FOUNDED A FOREIGN OBJECT IN A CAN OF FOOD I BOUGHT

Answered 8 years ago by attorney Mark Tischhauser, Esq. | 1 Answer

Depends on the nature of the "foreign object" and how much for settlement depends on a variety of factors including what the other side is willingto provide.

Depends on the nature of the "foreign object" and how much for settlement depends on a variety of factors including what the other side is willingto... Read More

If a home generator is improperly installed by a company that the city gave a permit for, how can we get the company/city to move it?

Answered 8 years and a month ago by attorney Mark Tischhauser, Esq. | 1 Answer

I am pretty sure that he city did not single you out to tell you not to use your generator by a personal email - as opposed to a mass email or TXT to everyone not to use portable generators inside the homes. Otherwise you will need to hire an engineer or similar contractor toexamine your installation and go from there fixing any defects. ... Read More

I am pretty sure that he city did not single you out to tell you not to use your generator by a personal email - as opposed to a mass email or... Read More

Manufacturer Refuses to allow sofware to run on Windows 10

Answered 8 years and a month ago by attorney Mark Tischhauser, Esq. | 1 Answer

There is no inherent remedy here.Your choice is to refuse to renew the license and buy a competing product.

House burned 2 yrs ago. Insurance paid max. Gas pipe manf. was at fault and insr. co. settled. I have costs due to fire. So I sue gas pipe mnf. too?

Answered 8 years and 2 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

You need to ask YOUR lawyer these questions as they would be in the best posotion to tell you how to handle this.

I was in an accident in my 1999 Acura 3.5 RL . The vehicle was totalled and the air bags did not deploy .

Answered 8 years and 4 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

There is not likely a case here absent catastrophic damages warranting the expense and effort. Moreover, the car is almost 20 years old and there may be some expecation that the airbags are serviced sometime after some period to maintain thier effectiveness that may also be at issue.

There is not likely a case here absent catastrophic damages warranting the expense and effort. Moreover, the car is almost 20 years old and there may... Read More

Do i have a case?

Answered 8 years and 5 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

You can bring it to thier attention but dont expect much unless it is clear that the plastic was from Walmart or baked into the bread. They will usually take the position that the plastic could have come from your counter top area or elsewhere.

You can bring it to thier attention but dont expect much unless it is clear that the plastic was from Walmart or baked into the bread. They will... Read More

I went to the store and febreeze dropped and splashed my eyes. The cap not on the bottle

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

Clumsiness or inadvertence is not a product liability claim nor s lack of customer service or attentiveness. You can complain to the store about it from a customer service angle but there is no claim described here that is viable.

Clumsiness or inadvertence is not a product liability claim nor s lack of customer service or attentiveness. You can complain to the store about it... Read More

New shoe burning and burned son's sock and he had to rip shoe off. Happened twice today.

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

Yep- calling SHENS on this claim. Absent some AMAZING facts and documented scientific evidence, there is no basis for shoes to spontaenously combustion. This will be treated by Adidias as more like someone who's kid ruined an expensive pair of shoes doing someting silly trying to get a free replacement. If expect to dispel that notion you will need to hire an expert,likely a chemist, to demonstrate how the shoes spontaneously combust. If not, this likely goes no where. ... Read More

Yep- calling SHENS on this claim. Absent some AMAZING facts and documented scientific evidence, there is no basis for shoes to spontaenously... Read More

Intoxicated due to tuna

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

You will need to preservethe tuna and spend some money to have it tested. If there was some contamination then you wantto hire a lawyer to review the issue.

You will need to preservethe tuna and spend some money to have it tested. If there was some contamination then you wantto hire a lawyer to review the... Read More

whole roach found in smoothie told by headquaters if mcdonalds was done on purpose can i sue?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

I think you misunderstood - they are calling YOU a liar claiming YOU put it there on purpose and are trying to scam them. Not that some employee put it there on purpose.

I think you misunderstood - they are calling YOU a liar claiming YOU put it there on purpose and are trying to scam them. Not that some employee put... Read More

Can I be forced into accepting my car after repairs?

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq. | 1 Answer

There is something missing here as it is RARE that an insurer will reduce a previously totaled car to 68% from 90% damage to value on its own. This almost always only occurs when the INSURED doesnt want the car totaled for some financial reason or other. YOu may need to retain a lawyer at this point to address this with the inusrance carrier assuming its YOUR company. If its a third party company - it get much more complicated. ... Read More

There is something missing here as it is RARE that an insurer will reduce a previously totaled car to 68% from 90% damage to value on its own. This... Read More

how can i get back my money from purchasing a prescription glasses. i cant see out to the glasses at all

Answered 9 years and 3 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

Depends on thier policy and the issues. Generally they will provide you adjusted glasses as a replacement but rarely simply a refund. Reason being they would get stuck with the expense simply because of buyers remourse or a better deal found after the fact.

Depends on thier policy and the issues. Generally they will provide you adjusted glasses as a replacement but rarely simply a refund. Reason being... Read More

Will i be able to have my money back?

Answered 9 years and 7 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

If its a fraud scam as you describe not likely. YOu can report to law enforcement and see what they do or say. They will likely tell you it s civil matter.

If its a fraud scam as you describe not likely. YOu can report to law enforcement and see what they do or say. They will likely tell you it s civil... Read More

What do I need to do to protect my company, and products, from being sued for accidents?

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

ooooo You will need to do several things and they all involve spending money sadly. First you will need to hire counsel and possibly a safety expert to address the various potential exposures. THEN start to brainstorm the various ways to miminize the risks with any product changes and ensure regulatory compliance. THEN you will need to figure out what kind of warning or safety labels would be appropriate and this will need to be vetted with your marketing people to find a balance that works. By example, lawyers would tell you to have HUGE warning labels like.....DO NOT USE WITH ALCOHOL YOU WILL DIE OR BE DISFIGURED....whch is not a great sales pitch. LOL... Read More

ooooo You will need to do several things and they all involve spending money sadly. First you will need to hire counsel and possibly a safety expert... Read More

Do I have a case

Answered 10 years and 5 months ago by Aric N. Williams (Unclaimed Profile) | 1 Answer

Yes, I would definitely say you have a case. You could potentially sue the manufacturer who made the juice, the distribution center that sold the juice to Winn Dixie, and also Winn Dixie. I would need more facts but I think this would be something you could pursue. Make sure you keep all of your medical records to show that your kids were sick. Please feel free to reach out to me at aric@aricwilliamslaw.com if you have any additional questions or would like to discuss your case further. ... Read More

Yes, I would definitely say you have a case. You could potentially sue the manufacturer who made the juice, the distribution center that sold the... Read More

Gerber Gentle Toddler Formula

Answered 10 years and 11 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

The remedy is to by the formula that your child likes and not the Gerber. You can complain to Gerber and see if they provideyou accomodation out of customer service. This is not a legal issue.

The remedy is to by the formula that your child likes and not the Gerber. You can complain to Gerber and see if they provideyou accomodation out of... Read More

Tooth /bone fragment found in Marie Callander's SALISBURY STEAK DINNER.

Answered 11 years and a month ago by Mr. John Michael Phillips (Unclaimed Profile) | 1 Answer

This isn't a good case. You had not medical / physical damages. I understand you may have some emotional upsettedness from this, but the law does not look on this as a case for damages.

This isn't a good case. You had not medical / physical damages. I understand you may have some emotional upsettedness from this, but the... Read More

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