Florida Injury Attorney Blog

The older style cathode ray tube TV's can pose a serious risk of injury or death for young kids. Many adults do not realize that they have this very dangerous condition in their homes that has injured or killed almost 15,000 children since 1990. According to a new report, the number of serious injuries and deaths from falling furniture and TV's has increased over the years despite the fact that more people are buying the newer, and lighter, flat screen TV's. One reason suggested for the increased number of injuries and deaths to young kids is that when people buy the newer model flat screen TV's, they move the older and much heavier TV's to an unstable location in the house, perhaps onto an old piece of furniture.

The majority of serious injuries and deaths caused by falling furniture involve televisions, particularly the older model TV's which can be very heavy and are often front heavy. Many of these TV's were designed in such a way that they can be easily tipped over or can easily slide off a surface despite their heavy weight. This allows young kids to more easily tip them over and forward by playing with the TV or climbing on a cabinet or dresser where the TV sits. Most of the serious injuries and deaths caused by falling TV's involve children under the age of 4.

There are things people can do to reduce the risk of a heavy TV falling on a child. First, all TV's in the house should be located to determine if they are in an unsafe location where they can be easily tipped over or they are sitting on unstable furniture that is not designed to hold the TV. There are TV stands for sale that are designed to safely hold TV's and make it very difficult for young children to tip them over. Anchoring the TV to the wall is also helpful in stabilizing a TV so that it will not tip over from the TV stand. Heavy and tall furniture, such as dressers, should also be anchored to the wall to prevent them from falling over when a child climbs on them to reach something on a higher shelf.

There was a serious accident on I-295 near New Kings Road in Jacksonville, Florida that resulted in one death and several more serious injuries, according to an article on Jacksonville.com. Apparently, a Ford Explorer SUV full of students going to the beach flipped over ejecting many of the occupants. The article indicated that one of the tires on the Ford Explorer blew causing the driver to lose control and ultimately crash into a pole after flipping over several times. The investigation into the details of the crash is ongoing. This is obviously a horrible accident and tragedy. There will surely be a thorough investigation by traffic homicide detectives and other law enforcement personnel. Of course, based on the early articles, the main area of focus for investigators will be whether the tire on the Ford Explorer malfunctioned. Some people may recall that there is a history of tire failure on Ford vehicles. Specifically, several years ago the U.S. government addressed the high failure rate of tires on Ford Explorers. It was determined that certain tires on Ford Explorers (and other vehicles) had an inordinately high failure rate. As a result, several personal injury and wrongful death lawsuits were brought against Ford and tire manufacturer Firestone, and Firestone closed down one of its tire plants. While it is unclear at this early stage what caused the tire to fail, assuming the article is correct that it did, but one of the problems with tires on Ford vehicles in the past related to tread separation which occurs when the tread on the tire peels off from the tire. When this occurs, it makes it very difficult for the driver to maneuver the vehicle and creates a serious hazard for the driver and occupants. Rollovers such as the one in the case often result. This scenario can also lead to Ford or other car manufacturers blaming the tire company for manufacturing a faulty tire while tire companies blame the car manufacturer for designing a vehicle that is unsafe and rolls over too easily. When a tragic accident such as this one occurs in this manner, especially when young people are involved, you can be sure there will be a thorough investigation. That will initially involve law enforcement but ultimately personal injury and wrongful death attorneys who are familiar with the issues and dangers involved in faulty tires and vehicles that may be overly susceptible to rolling over.

A four year old girl who lived off of Dove Creek Drive in Jacksonville, Florida died when a large television in her home fell on her and crushed her, according to an article on News4Jax.com.

The Jacksonville police ruled the death an accident at this point, but in a case where a large television falls from a stand and causes death or seriously bodily injury, particularly to a child, there are many factors that should be investigated to determine if the manufacturer of the television was at fault for causing this tragic incident. Unfortunately, incidents of large televisions falling on top of people, particularly children, and causing significant injuries or death are not uncommon. These older model televisions are often extremely heavy with much of their weight towards the front of the TV. Despite their weight, because of the composition of the bottom of the television, they can easily slide off many TV stands creating a serious risk of danger to children. The manufacturer may be negligent in designing and manufacturing the TV without making sure it will not slide or fall off of a normal TV stand. The TV manufacturer may also fail to properly warn consumers about the dangers of the TV and the appropriate way the TV should be set up.

There can be many factors that cause or contribute to a tragic accident involving a television or similar large object falling on a child and causing death or serious injuries. Some causes, which can be attributed to the manufacturer, can be uncovered only after a thorough evaluation of all the facts and an analysis of the television, its components and the instructions.

The Peanut Corporation of America located in Blakely, Georgia (which is about 4 hours northwest of Jacksonville, Florida) has been accused of shipping peanut butter and peanut paste that was contaminated with salmonella, a bacteria found in food products that can cause serious illness or death. Even worse, there are allegations that the Peanut Corporation of America knew that its peanut products were contaminated with salmonella yet still shipped the dangerous products, according to a recent article. This latter allegation raises the prospect of punitive damages in the likely products liability lawsuits that will follow from this case.

When a manufacturer of products, from lawn mowers to airplanes to food products, manufactures or distributes a defective product that injures a person or many people, a products liability claim may arise. In this case, some of the relevant and more damaging allegations are that 8 people have died and 51 have become sick from eating food containing peanut butter that was shipped from the Peanut Corporation of America. Additionally, according to the article, salmonella was found at their facility repeatedly in 2007 and 2008, but they never reported those findings to the FDA or state officials. The Georgia Department of Agriculture, which does not test for salmonella, did inspect the premises and reported that the equipment was dirty.

The Peanut Corporation of America ships its peanut products to the manufacturers of hundreds of peanut butter products across the country. To compound the problem, their products are found in things like peanut butter crackers, cookies and granola bars which can sit on a person's shelf for months before being consumed. As a result, this danger caused by salmonella contamination is far-reaching and may materialize months after the publicity from this story has diminished.

If this company has shipped a defective product, personal injury and wrongful death lawyers can assert a products liability claim against the company. A products liability case in this context is often based on two primary theories. First is the theory of strict liability. Under this theory, a plaintiff suing the company needs to show that: 1) the Peanut Corporation of America shipped a product that had an unreasonably dangerous defect, i.e. peanut butter contaminated by salmonella, that caused an injury or death to someone, 2) the defective product caused an injury or death while it was being used as intended and 3) when used, the product was in substantially the same condition it was in when shipped by the Peanut Corporation of America. The plaintiff does not have to prove the company was negligent or irresponsible under this theory.

A second theory under which a plaintiff can assert a products liability claim is standard negligence. Under this theory, the plaintiff would have to show that the company was negligent and an injury or death was caused as a result of that negligence.

Based on the preliminary reports about this company and its product, it appears that there are several viable products liability claims based on the numerous sicknesses and deaths apparently caused by the tainted peanut products. With the aggravating evidence of prior problems at the facility and information that the company may have known its products were contaminated and shipped them anyway, punitive damages will likely be sought as well.

If you have a question about a defective product that caused an injury or death and whether you may have a claim against a company, contact a law firm whose lawyers understand the many complexities involved in a products liability case.