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.

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

defective-products-picture

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, 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

 

 

How to spot a drunk driver in Jupiter and Palm Beach Gardens

Summer is here which also means the summer driving season is here. Many families pack up their belongings and the children and head to points all over the United States to visit friends and relatives. Of course there are also 3 major holidays that happen during this time, as well. Memorial Day has come and gone, while Independence Day is only a few weeks away with Labor Day to follow at the beginning of September.

Statistics tell us that the incidence of drunk driving rises significantly on and around these holidays. In fact, July 4th and Labor Day turn out to be two of the three or four days with the most drunk driving deaths in America every year, according to yearly surveys by the National Highway Traffic Safety Administration (NHTSA).

With that in mind here are ways for you to spot a drunk driver out on the road during this time, and any time. Spotting a drunk driver in enough time to get away may just save your life, and the life of your family.

From MADD: “While we work hard to turn cars into the cure and eliminate drunk driving forever, families must continue to be vigilant on our roadways.  You can help protect your family from drunk drivers by looking for these signs of intoxication among other motorists.” This full list is shared directly from the Mothers Against Drunk Driving (MADD) website:

  1. Quick acceleration or deceleration
  2. Tailgating
  3. Weaving or zig-zagging across the road
  4. Driving anywhere other than on a road designated for vehicles
  5. Almost striking an object, curb, or vehicle
  6. Stopping without cause or erratic braking
  7. Drifting in and out of traffic lanes
  8. Signaling that is inconsistent with driving actions
  9. Slow response to traffic signals (e.g. sudden stop or delayed start)
  10. Straddling the center lane marker
  11. Driving with headlights off at night
  12. Swerving
  13. Driving slower than 10 mph below the speed limit
  14. Turning abruptly or illegally
  15. Driving into opposing traffic on the wrong side of the road

To read more, please go to: http://www.madd.org/drunk-driving/how-you-can-help/how-to-spot-a-drunk-driver.html?referrer=https://www.google.com.ph/

Unfortunately, there can be occasion where no matter what you do you can not avoid getting into an accident with a drunk driver, or another automobile driver. If you or someone you know is injured or dies as a result of an auto accident caused by a drunk driver, or someone else’s negligence, contact us at Slinkman, Slinkman & Wynne, P.A. immediately. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving drunk drivers happen, particular over the holidays. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where you or someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Boating Accidents, Motorcycle Accidents, Defective Products, and many other types of legal situations where injury or death has occurred. We have worked to protect families in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach, and throughout south Florida for over 40 years, and we look forward to helping you!

Car seat laws improved but need to go further in Florida to protect more of our children

Beautiful happy girl with teddy bear sleeping in the car

Schools across the state of Florida are letting out for summer break this coming week. That means that the summer driving season is upon us, where families will be driving around the state of Florida and to much more far-flung places around the country to visit relatives, friends and the multitude of tourist attractions that this great country of ours has to offer. Now is the perfect time to remind all of you who will be traveling this summer Florida’s most up-to-date car seat and restraint laws for children.

 

The most recent changes went into effect about a year and a half ago, on January 1st, 2015. Here is a quick refresher of the series of requirements, as stated in the 2015 Florida Statutes:

  • Children through the age of 3 must be secured in a federally-approved car restraint seat.
  • Children through the ages of 4 and 5 must be secured in a car seat or booster seat. Which one depends upon their size.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.613.html

 

These additions to the state law increased requirements up through the age of 5. Before the beginning of last year, car seat requirements for children in the state of Florida only covered up through the age of 3. Although this is certainly an improvement, a number of child safety advocates continue to lobby for Florida state politicians to bring our laws in line with other states or to the standards recommended by the American Academy of Pediatrics’ that children by restrained in a booster seat until they are at least 4 feet, 9 inches (57 inches) tall.

 

St. Joseph’s Children’s Hospital child advocacy supervisor Bevin Maynard was quoted as saying by the Tampa Bay Times that the magic number “is not weight or age. It is height.”

 

She has had quite a bit of experience working with children and their families when a child has been seriously injured in an automobile accident. She knows that statistics from the National Highway Traffic Safety Administration state that the leading cause of death for children between the ages of 5 and 14 in the United States is improper restraint when in a traffic accident.

 

Some information for this blog post including the quote from Bevin Maynard was shared from the following article:  http://www.tbo.com/news/politics/new-florida-car-seat-law-takes-effect-jan-1-20141221/

 

If your child or the child of someone you know is injured in an auto accident you probably need a lot of comfort, in addition to expert legal advice on what to do. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that car accidents unfortunately happen all the time. We help our clients and their children obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, Premises Liability, Boating Accidents, Motorcycle Accidents and many other types of legal situations where injury or death has occurred.

Our main office is in Jupiter, Florida at 1015 W. Indiantown Road, Suite 101A. We have litigated cases in Palm Beach County and throughout the state of Florida.

 

Teens still need to be pushed to wear their seat belts in cars in Jupiter, Palm Beach Gardens and everywhere else in America

Safety: Female Driver Fastening Seat Belt

Even with the additional emphasis by practically everyone – the media, automobile companies, the government (through their “Click It or Ticket” campaign) and even society in general – the percentage of teenagers who drive without wearing their seatbelts has remained largely unchanged over the last decade and a half. That according to statistics published by the CDC (Centers for Disease Control and Prevention).

Approximately 20% do not wear their seat belt now, or 15 years ago; the percentage of male teen drivers not wearing seat belts is still about 10% higher than female teen drivers; and the percentage of teens who died in motor vehicle accidents who were not wearing their seat belt still hovers around 50%. To read more on these sobering and sad statistics, please go to the following articles:

http://www.cdc.gov/motorvehiclesafety/teen_drivers/teendrivers_factsheet.html

and

http://www.gallup.com/poll/6145/teens-buckling-up.aspx

Advocates of increasing teenage driver safety point to driving programs that “Driving programs that combine education, peer-to-peer strategies, publicized enforcement, and parental monitoring may show potential for increasing teen seat belt use.” – See more at:

http://www.teendriversource.org/stats/support_teens/detail/59#sthash.0KQmDMyw.dpuf

At Slinkman, Slinkman & Wynne, P.A. we agree that driving programs that emphasize better education combined with stricter laws for those who refuse to wear seat belts could work to lower the numbers of teenager injuries and deaths in auto accidents. Ultimately, though, the greatest effect can most likely come from responsible parents, and peers who help to make wearing seat belts fashionable, and a must for all teenagers. WE applaud websites like the CDC and Teen Driver Source that are pushing every day to educate teenagers and their parents on the dangers of not wearing seat belts.

If you are injured in an auto accident because you or someone you love was not wearing a seat belt, you may have a right to bring a claim for various damages and injuries incurred. Call us at Slinkman, Slinkman & Wynne. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving people not wearing their seat belts happen all of the time. If you are in an accident where someone got hurt because they were not wearing their seat belt, then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products,  Motorcycle accidents, Boating accidents and many other types of legal situations where injury or death has occurred.

Our main offices are located in Jupiter, Florida at 1015 West Indiantown Road, Suite 101A. We service Jupiter, Palm Beach Gardens, West Palm Beach and anyone who needs help with their potential personal injury case anywhere throughout the state of Florida.

  • 1015 W. Indiantown Road, Suite 101A
  • 1015 W. Indiantown Road, Suite 101A

Texting & Driving: a preventable cause of too many deaths and injuries on Florida roadways

Stop Texting While Driving Sign

The time has come. In fact, it has long since passed. And now we have another year’s worth of statistical data that shows beyond a shadow of a doubt that we need more of a deterrent to stop texting and driving – and most other forms of cellphone usage while operating a motor vehicle.

In the state of Florida in 2015 alone 214 people were killed in accidents caused by “distracted driving.” An astounding 39,396… yes, over 39,000! Were injured. We ask every single citizen of this state – when is enough enough? How many more lives need to be lost or forever changed for the negative because of someone else’s negligence?

The fact is that our states’ laws against texting and driving, and cellphone usage while driving in general are some of the most lax in the entire country. For example, texting while driving is still considered a “secondary” offense here in Florida. A secondary offense means that you must get pulled over for committing some other offense before you get cited for texting while driving as well.

How many more lives will be lost needlessly and carelessly before we as a state get serious about curbing “distracted driving”? Our drinking and driving laws have become significantly more costly – in both money and freedoms taken away – than they were just a few short years ago. The same needs to happen with Florida’s texting and driving laws, as well.

Here are several websites we have mentioned before, such as http://www.textinganddrivingsafety.com/ and https://noys.org/ to see what you can do to help spread the word on curtailing texting and driving with teenage drivers, and all other drivers.

If you are injured in an auto accident because the other driver was texting, you may have a right to bring a claim for various damages and injuries incurred. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving cell phone usage happen all the time now, unfortunately. If you are in an accident because of the willful negligence of another driver then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Auto Accidents, Boating Accidents, Motorcycle Accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, Premises Liability cases and many other types of legal situations where injury or death has occurred.