Knowing your rights in Florida from Slinkman, Slinkman & Wynne, P.A.: if you are injured by a defective product in Florida, you only have 4 years to file suit

Defective Products - kids equipment

You see them in the news every day. Injuries and death caused by defective products. The fact is, injuries from defective products occur every day in the state of Florida. Manufacturers with even the best reputations and history of producing safe products can on occasion produce a defective product that ends up hurting someone.

 

Today, maybe that person will be you or someone you love. When a person’s injury is caused directly by a defective product, it is understandable that the aggrieved person wants to be compensated by the manufacturer whose product caused their pain and suffering.

 

As with most states, the state of Florida has specific laws which govern the amount of time that an injured party has to file a lawsuit against the product’s producer. In Florida this set of laws are known as the Florida statute of limitations. Specifically, defective products are covered under section 95.11, “Limitations other than for the recovery of real property.” Part of the intent of this section is to distinguish between property damage and injury done to a person.

 

This section of the state of Florida Statutes is listed here: http://codes.findlaw.com/fl/title-viii-limitations/fl-st-sect-95-11.html

 

A person who is injured by a defective product is usually allowed to sue either the manufacturer, seller and/or designer of the product, depending upon the circumstances of the case. The important aspect of the statute of limitations to you, if you are the injured party, is that you have a time limit of 4 years from the last day it can be determined you were injured by the defective product.

 

If you wait beyond the 4 years to file a claim, your case will most likely be dismissed, even if you have a legitimate case. Therefore, it is important for you as the aggrieved party to keep track and maintain proper records of when the defective product caused your injury. And then it is important to follow through, contact an experienced, knowledgeable law firm with attorneys like the ours at Slinkman, Slinkman & Wynne, P.A. who have successfully litigated and won settlements for other people who have been injured by defective products. Do not wait until it is too late!

 

At Slinkman, Slinkman, & Wynne we know that any product may cause injury or death. We help clients obtain payment for medical bills, lost wages, and pain and suffering due to defective products. If you need to have a no-obligation with attorneys who have experience fighting for consumers who have been injured by defective products, then go to http://sswlawfl.com/areas-of-practice/defective-products/.

 

We also specialize in Accident & Serious Injury, Wrongful Death, Medical Malpractice and many other types of legal situations where injury or death has occurred. We have been devoted to protecting the rights of families in south Florida for over 40 years.

 

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. Contact us today for a FREE initial consultation.

The Frye vs. Daubert standards – and why they are important to you as a citizen of Florida, and the United States

In our most recent article we discussed the recent ruling by Florida’s Supreme Court to halt the enactment of a state statute enacted in 2013 that would have required much more stringent standards for admission of expert medical testimony in medical malpractice lawsuits. Politicians and attorneys alike are familiar with both legal standards that are being pitted against one another in this legal battle – the older Frye Standard versus the newer and more stringent (and therefore more defendant-friendly) Daubert Standard. But most of the general public are not.

 

Here is a quick synopsis of each standard, and where they originated from:

 

According to Wikipedia, the Frye standard: “To meet the Frye standard, scientific evidence presented to the court must be interpreted by the court as “generally accepted” by a meaningful segment of the associated scientific community. This applies to procedures, principles or techniques that may be presented in the proceedings of a court case.” The case this test comes from, Frye v. United States, was originally tried in 1923. https://en.wikipedia.org/wiki/Frye_standard

 

From that point forward the Frye standard became the widely-used and cited case law for the admissibility of evidence in civil court, particularly medical malpractice cases. Until 1993, that is.

 

In 1993, a ruling in the case of Daubert v. Merrill Dow Pharmaceuticals held that “the Federal Rules of Evidence did not incorporate the Frye “general acceptance” test as a basis for assessing the admissibility of scientific expert testimony, but a flexible reliability and relevancy standard instead,”  https://en.wikipedia.org/wiki/Daubert_standard

 

What does this mean to the average American? Using the Daubert standard over the last two decades has given judges more latitude to rule some expert testimony inadmissible before that testimony is seen by the jury. According to a 2002 RAND study cited in the Wikipedia article, “post Daubert, the percentage of expert testimony by scientists that was excluded from the courtroom significantly rose. This rise likely contributed to a doubling in successful motions for summary judgment in which 90% were against plaintiffs.[16] Beyond this study, there is little empirical evidence of the impact of Daubert. However, some critics argue that Daubert has disrupted the balance between plaintiffs and defendants.”

 

Florida was, in fact, one of the last states to have its Legislature try to adopt the Daubert Standard through statute enactment. As we previously noted, the state currently has a Republican majority in its Legislature, a Republican Governor (Rick Scott) and a Democrat-leaning Supreme Court. And since the ruling in February by the Supreme Court was not definitive, expect this tug-of-war to continue in our state government and others moving forward.

At Slinkman, Slinkman & Wynne, P.A. we will keep an eye on this and all other legislation that could affect you and your family if you are ever faced with having to sue for medical malpractice, defective products, or practically any other personal injury situation where either you or a loved one has suffered a wrongful death or serious injury.  We have been practicing personal injury law in south Florida for over 40 years.

For more information or for a free initial consultation, contact us at http://www.sswlawfl.com or at (561) 686-3400.

Defective products – a look back at the biggest cases of 2016 that affected south Florida families

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Every year there are people here in south Florida and throughout the nation who are either injured or killed by defective products. Many of those people and their loved ones are unsure of where they can turn for help. At Slinkman, Slinkman & Wynne, P.A. one of the areas of personal injury law that we specialize in is defective products. We have been able to get our clients millions of dollars in settlements and judgements in our over 40 years in practice in cases involving defective products.

 

We believe it is also important to share with all Jupiter, Palm Beach Gardens, West Palm Beach, Stuart and other south Florida families information that can help you to learn if you may be the victim of a defective product. One of the best resources for information on defective products is http://www.usrecallnews.com.

 

This site recently posted an article on the “Worst Defective Products” of 2016, highlighting 3 defective products in particular. Unfortunately, in each case people have been killed by the defective products. You may have heard about one or more of these cases in the news or read about it on the internet:

 

  • Takata Air Bags
    • When Takata’s air bags deploy they allegedly explode, sending shrapnel in all directions in the inside of your vehicle. 11 people have been killed and over 100 injured. According to the National Highway Traffic Administration (NHTSA) this is the largest recall of vehicle airbags ever.
  • GM ignition switch litigation
    • At least 124 deaths and 274 injuries linked to defective ignition switches. GM has paid out approximately $2 billion so far, with more lawsuits that could add another $7 billion to $10 billion in settlements by the time all the cases are settled.
  • Talcum Powder from Johnson & Johnson
    • In Missouri Johnson & Johnson was ordered to pay $200 million for talcum powder products that allegedly caused ovarian cancer when used for feminine hygiene. J&J is fighting the ruling and looking to move the case to New Jersey.

 

 

 

To read the entire article and learn more about defective product recalls from 2016 go to: https://www.usrecallnews.com/worst-defective-products-2016/

 

At Slinkman, Slinkman, & Wynne, P.A., we know that any product may cause injury or death. We help clients obtain payment for medical bills, lost wages, and pain and suffering due to defective products. If you want to learn more about how to go about hiring the right attorneys for you in a situation where you have been injured by a defective product, then go to http://sswlawfl.com/areas-of-practice/defective-products/. We also specialize in Accident & Serious Injury, Wrongful Death, Medical Malpractice and many other types of legal situations where injury or death has occurred.

 

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. Contact us today for a FREE initial consultation.

Slinkman, Slinkman & Wynne offers thanks to all of our living military veterans – Happy Veterans Day

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We have just come through an amazing presidential campaign, one marked by divisiveness and many twists and turns before ending in a truly amazing outcome where an outsider with no political background is now the President-elect… Whichever way you voted here in the Jupiter, Palm Beach Gardens, West Palm Beach South Florida and Treasure Coast areas, at Slinkman, Slinkman & Wynne, P.A. we hope you did get out and vote. Exercising your right to do so is one of the most important and cherished rights of being an American citizen.

 

Tomorrow is Veteran’s Day – an important day when we honor our living military veterans (Memorial Day honors our military veterans who have passed away), the men and women who help to make our continued freedoms as Americans possible. We thank all of you who are serving or have served in our military! We truly appreciate what you have done for all of us, your families and ours.

 

At Slinkman, Slinkman & Wynne, P.A. we have practiced law in Jupiter, Florida, Palm Beach County, and the Treasure Coast since the early 1970’s. During that time we have been devoted to protecting South Florida families for over 40 years.

 

We limit our practice to serious injury and wrongful death arising out of severe accidents and medical negligence. Those areas of personal injury law we focus on include automobile accidents, boating accidents, motorcycle accidents, defective products and medical malpractice. We look forward to meeting you and fulfilling the needs of you and your family.

 

Contact our Palm Beach law firm using our Case Review Form right on our website with questions about your legal issue. Or, call us directly at (561) 686-3400. Provide a much information as possible regarding your inquiry. While this contact does not serve to establish an attorney/client relationship, it will allow our legal team to begin an assessment of your case. Please note that your initial consultation with our law firm is FREE.

Slinkman, Slinkman & Wynne, P.A. legal news: 2nd recall for Samsung on Galaxy Note 7’s

smartphone explode
Even the replacement Galaxy Note 7’s are allegedly overheating and catching fire

All of us at Slinkman, Slinkman & Wynne, P.A. offer our prayers to everyone in our home state of Florida, along with all of the people in Georgia, South Carolina, North Carolina and Viriginia who were affected by Hurricane Matthew last week. We were particularly saddened to hear of the 34 people (as of earlier today) who lost their lives, and the devastating flooding that continues in North Carolina. Not to mention the mass suffering in Haiti, Cuba and the Bahamas.

On the defective product legal front, the serious problem that Samsung has had with their release of the Android Galaxy Note 7 smartphones went to another level of ugliness when it was revealed over the last 24 to 48 hours that Samsung has been forced to recall all of the replacement smartphones they sent out to customers and their entire supply chain to replace the over 2.5 million defective units originally sent out in August and September. Apparently, the replacement smartphones that were deemed “Safe” by Samsung are also now being recalled.

Here is Samsung’s latest statement, released yesterday, according to numerous sources, including arstechnica.com:

“We are working with relevant regulatory bodies to investigate the recently reported cases involving the Galaxy Note 7. Because consumers’ safety remains our top priority, Samsung will ask all carrier and retail partners globally to stop sales and exchanges of the Galaxy Note 7 while the investigation is taking place.

We remain committed to working diligently with appropriate regulatory authorities to take all necessary steps to resolve the situation. Consumers with either an original Galaxy Note 7 or replacement Galaxy Note 7 device should power down and stop using the device and take advantage of the remedies available.”

To ready the entire article, go to: http://arstechnica.com/gadgets/2016/10/galaxy-note-7-recall-part-2-samsung-admits-replacement-units-are-unsafe/

The bottom line for anyone who has a Samsung Galaxy Note 7 in your possession, even if it is one of the replacement units – your smartphone is unsafe. Return it, now… and as the old saying goes “Do not pass Go; do not collect $200.”

And for those of you who are asking the question “is this one of the worst defective product cases you have ever seen?” The answer is unequivocally yes. Within the last 2 months Samsung has been forced to recall the same new product twice – and with this 2nd recall they have widened the scope to every single unit that has been sent out. The first recall in September excluded Note 7’s that were supposedly designed differently and sent to other countries, including China. This time, there are no exclusions.

As writer Ron Amadeo states in the arstechnica.com article, this very well could mean the end of the Samsung Galaxy Note 7. This entire situation is a disaster for Samsung and its OEM partners of epic proportions – and that is even before the dozens if not hundreds of lawsuits that will surely be directed their way over the coming months and years.

If you own a product that you know or suspect is defective and it has caused injury to you or someone you know, do not hesitate to call our defective product attorneys at Slinkman, Slinkman & Wynne, P.A.  We realize that any product may cause injury or death, including a smartphone. Even if the defect is not due to any negligence on the part of the manufacturer, the manufacturer can be held responsible for any damage caused by the defective product. The retailer may also be viewed as partially responsible for having sold the defective product. A claim can even be brought against the person or company that was involved in distributing the defective product.

The most important aspect for you is to know your rights. If you want to learn more about how to go about hiring the right attorneys for you if you have a potential defective product case, then go to http://sswlawfl.com/areas-of-practice/defective-products/. We also specialize in Accident & Serious Injury, Wrongful Death, Medical Malpractice and many other types of legal situations where injury or death has occurred.

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. Contact us today for a FREE