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Florida Product Liability Lawyer

Dangerous and Defective Products

Crews & Pesquera work throughout Florida and the rest of the country pursuing claims on behalf of individuals and groups of people who have been injured or killed by dangerous, defective and/or unsafe products. When a dangerous, defective and/or unsafe product causes an injury or death, the resulting claim is called a product liability claim. A product liability claim may occur when a product has a design or manufacturing defect or when the manufacturer provides inadequate instructions for use or insufficient warnings about the hazards the product presents. When the same product has injured a number of people, they may join together in a group or class action to pursue recovery for their injuries.

Product liability cases and class action lawsuits are complex. They require an investment of time and money in order to produce a result that reflects the impact the injury has had on the families and survivors of the dangerous, defective and/or unsafe product.  Crews & Pesquera  know how to successfully pursue product liability claims and class action lawsuits for our clients. They find the important documents that prove the case. They locate and prepare experts and we explain the case to the judge and jury in a way that makes them understand our clients’ injuries and the damages they have suffered.

One of the more well-known product liability cases is the Ford Explorer/Firestone tire cases. We, at Crews & Pesquera have been handling these types of cases throughout the United States.

Some of the cases we handle involves claims related to:

  1. Defective Vehicles (Cars, Trucks, Semis, Vans, SUVs)
  2. Defective Airbags/Seatbelts and Other Automobile Parts
  3. Rollovers (Explorers, Bronco II, Suzuki Samurai, Vans, SUVs)
  4. Defective Tires (Firestone, Goodyear and General)
  5. Defective Machinery, Equipment, Tools
  6. Product Recalls
  7. Defective Plywood
  8. All defective, dangerous, and/or unsafe product cases

Most of our cases against major companies, vehicle manufacturers and insurance companies require confidentiality. We cannot reveal many of our successful settlements. Nonetheless, we will take a moment to mention a few examples of other cases in the products area, that the firm received justice for victims of corporate negligence.

Defective SUVs/Vans and Tires

Most people have heard about the Ford Explorer/Firestone Tire tragedies. The Explorer is an SUV or sport utility vehicle. We have found that not only the Ford Explorer rolls over in foreseeable emergency handling situations, but other SUVs do this as well. Not only were Firestone tires found to be defective, but we discovered that other tires are capable of having tread separation and other problems.

The firm has successfully handled cases where it was alleged that various SUVs and vans have dangerous defects that caused them to roll over and cause death and serious injury. Many of these cases involved defective tires, tread separation, etc. We are currently handling rollover and tire cases or product liability cases across the United States.

Defective SUV Rollover

A family lost their teenage son in a SUV roll-over accident. It was determined that a tire dealership sold them the wrong size tire for their SUV. One of the tires had a blow out resulting in a loss of control of the SUV. Experts hired by our firm proved that with the proper size tire, the vehicle would not have rolled over.

Defective SUV Rollover/Seat Belt/Defective Door Latch

In The Estate of Omar Rodriguez v. Mitsubishi, The deceased, Omar Rodriguez, was a 21-year-old single, college student with 1 child, six months old, when this tragedy occurred. Omar was wearing a seat belt while a front seat passenger in a 2002 Mitsubishi Montero Sport.  The vehicle went into the median of the Florida Turnpike where it rolled over several times. Omar was killed when his body, even though seat-belted, went out the passenger door due to a defective seat belt and a defective door latch. Plaintiffs’ attorney, Crews and Pesquera, advocated that the seat belt was defective, since it had a 10-inch emergency management loop, which came unstitched during this rollover accident and allowed Omar’s body to be thrown outside the right front passenger door when the door locks failed. The case was settled when we discovered through litigation that the emergency management loop/seat belt was taken out of Japanese vehicles, but not out of North American vehicles. Omar was survived by his mother and 6-month-old son. A substantial confidential settlement occurred which will not make up for the loss of a father.  It was placed in a structured settlement, which will give him monies for a college fund, medical care, and a substantial lump sum on the baby’s 25 birthday.

Defective Vehicle Door Latch/SUV Rollover

A client was paralyzed when a defective door latch failed allowing the driver’s door to open, and partially ejecting the driver as the vehicle rolled over. Our investigation revealed a substantial product defect history and a multitude of other accidents. The product has now been recalled. Our client received a multi-million dollar settlement that will compensate him for his injury and protect his financial future as his family’s financial future.

Defective Vehicle Steering Column

The firm represented a gentleman in an action against a car manufacturer when his steering column came apart after hitting a pothole. As a result, he lost control of the car and it struck a railroad crossing pole, causing him to receive severe neck and leg injuries. When he returned home from the hospital, he found a recall notice in the mail. It was discovered that the manufacturer had known about the problem for a few years, but failed to inform the public or issue a recall for the vehicle. The case was settle for a six figure amount.

Defective Seat Belt/Pharmacy Malpractice

Our client’s husband was killed when his vehicle went off the road and struck a tree. He was on three medications at the time from three separate doctors which a pharmacy filled without advising him of the contra indications of these drugs. His death was caused by his vehicle’s automatic, 2 point seat belt (shoulder), which he was using without the manual latching lap belt. The impact caused the automatic 2-point seat belt to cut his liver in half.

Our firm brought suit against the auto manufacturer and the pharmacy. Our case against the automobile manufacturer was that an automatic 2-point seat belt with a manual lap belt is a defective seat belt system. Even though our client’s husband hit the tree, he would have lived, but for the poorly designed seat belt system. The manufacturer also failed to put any warnings on the visor or vehicle about the hazard of not wearing the lap belt with the automatic shoulder belt system. Thorough discovery of the manufacturer’s records led to the discovery of a multitude of similar cases. The case against the pharmacy was based upon the fact that this gentleman was on three medications from three separate doctors that the pharmacy filled without giving him the warning that was contained in their computer system advising that these drugs were contra indicated or should not be used together.

The entire case was settled for a confidential amount.  In an appeal to the Fifth District Court of Appeal in Daytona Beach, after the trial court made an adverse ruling, resulted in new law in Florida stating that the pharmacy has a duty to warn of known contra indications of medicine prescribed by different doctors.

Steering Column Strikes Driver/Defective Vehicle Structure

In Estate of Rauch v. Honda; Honda agreed to a confidential settlement of a case involving a Honda Acura Integra. An oncoming motorist operating her vehicle on the wrong side of the road at 35 mph struck the Integra in an offset frontal collision, causing the front structure to give way and the steering column to intrude into the survivor space. The steering column struck the driver of the Integra in the chest, causing a cervical fracture which caused his death. Plaintiff claimed that the intrusion of the steering column was excessive.

Defective Product/Vehicle Design/Crash worthiness

In another case, our client suffered brain damage when his SUV was struck causing his head to strike the AB Pillar which was unpadded. Crews & Pesquera proved the auto company knew the padding of the interiors of its vehicles, including support structures, was vital to user safety. We further proved through testing on dummies, that had the interior structures (B-Pillar) been properly padded, our client would not have suffered brain damage.

A defective vehicle design results in a potential product liability case for the enhanced injuries in a vehicle that would not have been present if the vehicle had been designed safely. These defective vehicle design cases are known as crash worthiness cases.  Had the vehicle been crash worthy, our clients would not have suffered enhanced injury or may have been injury free or simply, may have survived!   Crews & Pesquera have been involved in many product liability cases involving crash worthiness.

Jane Doe v. Auto Manufacturer; A young woman was operating her defective Jeep when it rolled over while she was exiting the interstate causing her to be ejected and  become paralyzed as a result.  We were able to successfully resolve this case, benefiting our paralyzed client  for life.

Joe  Doe v. Auto Manufacturer and Dealership; We successfully handled an SUV rollover resulting in a multimillion dollar resolution/structured settlement for a 19 year old young man who was paralyzed.

Poole v.  Strap Manufacturer; Mr. Poole, a truck driver from Mississippi was seriously injured by a dangerous and defective wench strap on a load. Crews and Pesquera was called to litigate the case. Our client’s, Mr. Roosevelt Poole, case was successfully litigated and settled in Macclenny, Florida. Experts were called in from Detroit Michigan to demonstrate the defective nature of the strap and actually designed a new safer strap! Crews and Pesquera was proud to help our client with a substantial settlement and be part of a safer design concept for drivers and other vehicles on the road.

Seat Belt Unlatches During Accident

In Herron v. DaimlerChrysler, DaimlerChrysler agreed to settle a restraint case involving a 1994 Dodge Shadow. The Shadow was struck by another vehicle when the plaintiff attempted to cross an intersection. As a result of the Gen III buckle unlatching, plaintiff sustained serious injuries and remained in a coma until her death. Her husband and children can never be compensated for the loss of their mother but a settlement was reached that provided care for Mrs. Heron until her death. The settlement also provided a confidential but large settlement to her husband and to each of her children that should help provide for them for the rest of their lives.  Bryan W. Crews represented the plaintiff. The last we heard, the family bought a home and land outside of Middleburg, Florida.

Defective Plywood Causes Disability

The firm settled a case on the behalf of Richard Talerico who was working on a roof replacing shingles when the plywood on the roof gave way causing him to fall. He is now confined to a wheel chair or a walker for life due to his severe RSD injuries. We discovered a defect in the treatment process of the plywood, which caused it to become brittle when exposed to heat and humidity. The parties settled for a confidential amount.

Escalator Entraps Foot

A 5-year-old child lost her foot in an escalator entrapment at the Orlando International Airport.  Crews & Pesquera represented the Plaintiff.  Our experts were able to establish the defect and lack of maintenance by the manufacturer. The resolution was confidential, however, a substantial structured settlement will benefit the child by paying for college costs and additional monies for life!

 


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