There are six federal regulatory agencies which have banded together to uniformly provide product recall information.  The Uniform Consumer Product Safety Commission is charged with protecting the public from the unreasonable risks of injury or death from thousands of types of consumer products under the agency’s jurisdiction.  Specifically, they are committed to protecting consumers and family from products that pose a fire, electrical, chemical or mechanical hazard, or can injure children.  The Food and Drug Administration is charged with the responsibility of protecting the public from defective or dangerous foods, medicines and cosmetics.  The Food Safety and Inspection Service (FSIS) is the public health agency in the United States Department of Agriculture responsible for ensuring that the nation’s commercial supply of meat, poultry and egg product is safe, wholesome, and correctly labeled and packaged.  The National Highway Traffic Safety Administration (NHTSA) is dedicated to achieving the highest standard of excellence in motor vehicle and highway safety.  The United States Environmental Protection Agency is responsible for carrying out laws that control air pollution from motor vehicles, engines and other fuels.  Finally, the United States Coast Guard Boat and Safety Division is dedicated to reducing the loss of life, injuries and property damage that occur on U.S. waterways.

These six federal agencies have banded together to provide better service in alerting the American people to unsafe, hazardous or defective products.  Specifically, they have created www.recalls.gov – a “one stop shop” for U.S. Government recalls.  Through this site, you are able to locate recent recalls, search recalls, and sign up for emails to be alerted of new recalls.  Moreover, you can search various categories such as consumer products, motor vehicles, boats, food, medicine, cosmetics, and environmental products.

Recalls.gov provides a wealth of information which consumers may use to prevent themselves from becoming a potential victim of a potential defective product.  As trial lawyers, we have seen it all – exploding cell phones; death cribs; vehicles prone to roll-over; medications with hidden side effects; faulty tires; poisonous cosmetics; chairs that collapse; choking hazard toys; and products made with lead paint.  We are proud of the integral part we play in ensuring that products that large corporations manufacture and sell are safe for your use.  We urge you to become equally committed to protecting yourself by taking the affirmative action of performing research prior to purchasing a new product, particularly if it maybe used by a child.  Whether you are shopping for a new crib, buying cosmetics at the local pharmacy, or considering purchasing a new family vehicle, you can perform a comprehensive search of product recalls at www.recalls.gov.  Stay informed, stay safe, and stay alert.

We all would like to think that product manufacturers put safety before profits.  Unfortunately, the numerous cases we have handled over the years have taught us that nothing could be further from the truth.  All too often, corporate greed overrides any concerns regarding safety.  The civil trial system provides the general public with a way in which to right a wrong, as well as to prevent others from being harmed in the future.

Most product liability cases involve three types of claims: manufacturing defect, design defect, and failure to warn.  A manufacturing defect occurs when the product you purchase is made differently than the rest of the same items made by the defendant because something went wrong during the manufacturing process.  For instance, a car manufacturer may ship 20,000 vehicles, and only a handful have a defective steering issue.  This may be due to shoddy workmanship by a line assembly person.  This would constitute a manufacturing defect.

A design defect occurs where the design of the product itself is inherently dangerous and, therefore, all of the products are dangerous.  These type of cases would include a vehicle’s design which causes it to be unnecessarily prone to roll-over accidents; a hip implant device prone to failure with typical use; a cell phone battery which explodes when it is used for an extended period; or a power tool that did not have an appropriate safety guard. 

Finally, a failure to warn case involves products that have hidden dangers which should be disclosed to consumers.  This protects consumers from manufacturers who are aware of dangers associated with the use of their products but choose to hide those risks.  A manufacturer may be liable for failure to warn even if the product was properly designed and manufactured.  Common failure to warn cases include medications, certain foods, dietary supplements, and tobacco products.

If a defective product causes harm, the manufacturer should be held accountable.  In doing so, the victim may be compensated for his damages and, hopefully, future consumers will be protected from suffering the same fate.

Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.