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Articles Posted in Products Liability

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Jeffrey P. Gale, P.A. // Fundamentals Always Matter — Proximate Cause

In every negligence action for injuries or wrongful death the plaintiff must establish (1) a duty owed by the defendant; (2) the defendant’s breach of the duty; and (3) and that said breach proximately caused the damages claimed. In negligence actions Florida courts follow the more likely than not standard…

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Jeffrey P. Gale, P.A. // $2 Million Settlement Achieved by Circumventing Florida’s Workers’ Compensation Immunity Law

What began as a product liability investigation, ended in a $2,000,000 personal injury settlement against the owner of an altered riding lawnmower (pictured). Our client lost his right leg when run over by the lawnmower he was operating for his employer. Initially thinking that the mower was owned by the employer,…

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Jeffrey P. Gale, P.A. // Don’t Be a JUUL Fool!

First, harsh reality: Like traditional cigarettes, JUUL contains nicotine. Nicotine causes addiction by stimulating the release of neurotransmitter chemicals such as dopamine and serotonin which activate pleasure hormones in the brain. The addictive cycle results from the compulsion of users to chase the pleasure high. Combined with a smooth vapor,…

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Beware of Tylenol!

Tylenol can cause liver failure! It accounts for 40% of liver failure hospitalizations, Recommendations for FDA Interventions to Decrease the Occurrence of Acetaminophen Hepatotoxicitymore, more than “100,000 calls to Poison Control Centers, 56,000 emergency room visits, 2,600 hospitalizations and nearly 500 deaths” in this country annually. William M. Lee, Acetaminophen…

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Florida’s Statute of Repose Sometimes Bars Products Liability Claim Where Statute of Limitation Does Not

A statute of limitation is an enactment in a common law legal system which sets forth the maximum time after an event that legal proceedings based on that event may be initiated. Most people are familiar with the concept. Less known, but equally potent as a time bar to bringing…

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Lawsuits Needed to Reduce Submerged Vehicle Drowning Deaths

Effective civil trial lawyers punish individuals, corporations, and governments for irresponsible behavior. One of the biggest culprits has been the auto industry. Thanks to large jury verdicts, the industry has been forced to knuckle under to the public’s demand for safer vehicles. However, safety issues remain. Safety belts could be…

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Conversation With Famed Products Liability Forensic Expert

Famed products liability expert and author (Foreseeable Risk) Tom Taormina was interviewed on April 12, 2012 on WLRN public radio by Topical Currents host Joseph Cooper. The conversation centered on the dangers of everyday household electrical appliances such as toasters and microwaves, but his account of an artificial lighted Christmas…

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Transvaginal Mesh Riskier Than Non-Mesh Procedures

With all of the talk in the country about right-wing legislation mandating transvaginal ultrasounds for woman seeking abortions, another transvaginal issue is coming to light as placing woman at risk of injury and death. In recent years,Johnson & Johnson, C.R. Bard, Caldera and numerous other manufacturers have encouraged doctors to…

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Defective Design – Motor Vehicle Airbags

Inflating airbags can cause serious harm or death. The damage occurs when the passenger’s head is struck by the airbag, which can travel at speeds up to 200 mph, before it has fully inflated. A vehicle’s “occupant protection system” (OPS) consists of airbags, belt/shoulder restraints, and seat tracks. If the…

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