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

 

 

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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.

 

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.

Yes, you only have a limited time to bring a Defective Products lawsuit in Florida

Defective Products - kids equipment

People do get hurt every day while using the machines, appliances, equipment and even toys that assist us as we live our lives on a daily basis. Sometimes these injuries are 100% due to user error, or alterations made to the products leading to accidents because of improper usage. Unfortunately, this is not always the case. Sometimes, a defective product is partially or fully to blame for you or your loved one getting injured, or even dying.

The law of product liability is the area of law that deals with the liability of the manufacturer, wholesaler or retailer of a product for injuries resulting from that product. This includes the manufacturer of component parts of the product, an assembling manufacturer, the wholesaler, the retail store or other ultimate seller of the product, and any other party in the distributive chain, regardless of whether you actually purchased the item yourself.

One of the most important aspects of product liability cases is the statute of limitations as stated in Title VIII, Chapter 95 of the 2015 Florida Statutes. Contained within the list of 17 different actionable events described under the FOUR YEARS Section of Chapter 95.11 are the following two items:

  • An action founded on negligence.

and

  • An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.

Go here to read the entire Chapter 95.11 (Section 11) of the 2015 Florida Statutes: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html

This means according to the most recent Florida Statutes you have up to FOUR YEARS to file most defective product claims.  This may seem like a long time, but four years can go by in a blink of an eye; particularly if you or a loved one has suffered significant injuries or even death from a defective product or some other type of manufacturer or retailer negligence.

Instead of trying to figure out how to get some type of settlement out of the manufacturer or their high-powered, expensive lawyers who are paid to keep as much money from you as possible, come to Slinkman, Slinkman & Wynne, P.A. We are a law firm who has well over four decades of experience helping our clients receive the maximum amount of compensation they deserve for injuries, medical bills, lost wages and pain and suffering due to defective products.

At Slinkman, Slinkman, & Wynne, P.A., we know that any product may cause injury or death. 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 are partially responsible for having canned and sold the defective product. A claim can even be brought against the person or company that was involved in producing or distributing the defective product.

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, Auto Accidents, Motorcycle Accidents, Boating Accidents 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.

Have a Christmas tree in Jupiter or Palm Beach Gardens? Be careful or risk a fatal fire

Chestnuts roasting over an open fire…  The house filled with the smells of scrumptious holiday meals cooking and the Christmas tree giving off the most pleasant of pine fresh aromas. Ahhh, what a wonderful time of the year! Unless you are one of the unlucky few who have their Christmas tree catch on fire.

Unfortunately, Christmas trees can and do catch on fire, particularly if they are not well-tended and have been allowed to dry out during their time standing in a home. In fact, the U.S. Fire Administration’s National Fire Incident Reporting System (NFIRS) and NFPA’s annual fire department experience survey show that between 2009-2013, Christmas trees were the item first ignited in an estimated average of 210 reported home structure fires per year, resulting in an annual average of seven deaths, 19 injuries, and $17.5 million in property damage directly related to the fire.

Furthermore, it was found that one of every 31 reported home Christmas tree fires resulted in at least one death, compared to an average of one death per 144 total reported home fires. Neither agency offered a reason for why a home fire involving a Christmas tree was also more likely to cause a death to occur. Anecdotal evidence suggests that the speed with which a fire grows when a dry tree (such as a Christmas tree) is involved can be a significant part of why death is more likely to occur.

To read this entire article please go to: http://www.nfpa.org/research/reports-and-statistics/fire-causes/holiday/christmas-tree-and-holiday-lights

Safety with Christmas trees, Chanukah candles, toys, holiday lights and all other things associated with the holidays is an important issue to keep at the front of your mind this holiday season. Our Board Certified lawyers from Slinkman, Slinkman, & Wynne, P.A. wish you a Happy, and just as importantly Safe Holiday Season this year, and every year.

If you or a person you care about gets hurt or killed in a fire, or a car, motorcycle or boating accident, or you simply have a question about a potential personal injury situation that you have not yet had answered, please contact us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation.

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

Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

Contact us directly at (561) 686-3400, or via email at info@sswlawfl.com.

Why you need a lawyer if you are the victim of a car accident caused by a drunk driver in Jupiter, Florida

car crash accident on street, damaged automobiles after collisio
car crash accident on street, damaged automobiles after collision in city

With the holiday season upon us comes lots of food, fun, good cheer – and many opportunities for drinking, partying and driving. Unfortunately, there are some people who drink too much. Accidents that involve drinking and driving spike at this time of year, according to the National Highway Traffic Safety Administration (NHTSA). In fact, the number of fatalities rises 25% on an average day during the holiday season, and as much as 50% over the New Year’s holiday.

 

If you are involved in an accident caused by someone who is impaired by drugs or alcohol in the state of Florida that person is held responsible for all damages incurred. That is obvious to most people. Fewer people realize that in this scenario they are also considered a victim of a criminal act under our state law.

 

Obviously, drunk drivers are responsible for all damages incurred when they cause an accident. In addition, since Florida does not require mandatory insurance for car owners, there may be another defendant that you can recover money and damages from. Who is that? The person or restaurant who served the drinker the alcohol, that’s who.

 

 

According to Florida Statute 768.125 “Liability for injury or damage resulting from intoxication.—A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.” – http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.125.html

 

It is usually simple proving a defendant served alcohol to a minor.  However, it often takes a lot more work to prove a defendant served alcohol to a habitual drunk.  Several of the points you must prove are:

  • how long the person has had an alcohol problem
  • the frequency of their drinking
  • how often the person frequents the establishment
  • how much contact and their behavior with the employees of the establishment that night, and before
  • what was the person’s specific behavior and alcohol consumption on the night of the incident.

 

These are just a few of the important questions that your attorney must get answers to for you to have a chance at winning a case against the person or establishment that served the drunk driver. You need to hire a law firm with lawyers who have the experience and knowledge combined with the dogged determination to get all the information to help you win your case.

 

If you or a person you care about gets injured in an accident caused by a drunk driver or you simply have a question about a potential personal injury situation that you have not yet had answered, call us now 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 drunk driving accidents happen all the time. If you are in an accident because of the negligence of another driver, or the establishment who overserved that person, 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 accident, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Slip and Fall, Defective Products, and many other types of legal situations where injury or death has occurred.

 

Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Contact us directly at (561) 686-3400, or via email at info@sswlawfl.com.

What if my tire blows out and injures me, my family, or a bystander in Florida?

While most drivers will log many hundreds and probably thousands of miles without so much as an air leak, tire failures can and do occur regularly, particularly here in Florida during the long, hot summer.  While not all tire failures result in a serious accident and not all tire failures are the result of a design or manufacturing defect, the sudden failure of a tire can cause a vehicle to lose control and either roll over or collide with other vehicles.  Tire failures are particularly dangerous when the vehicle is traveling at highway speeds.  When a tire malfunctions and the tire tread separates this is likely to cause a serious car accident which can cause death, paralysis, or loss of limbs.

Any car accident caused by a tire failure involving death or serious injury should be evaluated for a potential tire defect claim.  While not every tire failure is due to a manufacturing defect, it is still important while all of the evidence is still available to contact an attorney to review the accident.  Many tire failures can be traceable to a design or manufacturing defect in the tire and the sooner an attorney reviews the evidence the sooner it can be determined if there was a manufacturing or design defect.  Identifying those cases requires an attorney skilled in identifying and proving the defect in the tire in order to obtain full recovery for a catastrophic injury.  It also takes significant financial commitment as well as a substantial amount of attorney time to be successful and this is a promise we make to all of our clients.

Safercar.gov is a way to search for tire recalls by entering the tire’s brand and model.  Safecar.gov is also a great resource for vehicle safety information as well as recall information for vehicles and products associated with vehicles.  We would recommend everyone visit this site for important information regarding product and vehicle safety.

If you want to learn more about how a skilled personal injury attorney in Jupiter identifies cases of tire or other product defect, or many other real world legal issues in cases of personal injury or wrongful death, contact Slinkman, Slinkman & Wynne, P.A. At Slinkman, Slinkman, & Wynne, P.A., we know that any product can cause injury or death, including a defective tire. 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, motorcycle accidents, boating accidents 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, via email at info@sswlawfl.com or go to our website at http://www.sswlawfl.com to learn more about the areas of law that we focus on. Contact us today for a FREE initial consultation.