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Florida Product Liability Attorney

1/26/2009
Herman M. Klemick
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Cooking Fires resulting in burn injuries

Our firm has been recently asked to represent two separate clients who suffered third degree burns in two separate cooking fires. In both cases our clients were attempting to heat cooking oil on the stove to a temperature which would allow them to fry croquetas and French fries. In these cases the smoke alarms did not go off and the pan burst into flames. Both clients attempted to carry the flaming oil and pan outside to prevent the house from catching fire. Instead the flaming oil spilled on them which resulted in third degree burns, hospitalization, multiple surgeries, skin grafts, and rehabilitation. In one of the cases the fire extinguisher provided by the homeowner’s association did not work.

 

Our firm is suing the homeowner and homeowner association for our clients severe injuries and damages.

 

To prevent these types of fires make sure your smoke detectors work, have a working fire extinguisher in the kitchen, have a lid for the pan on the stove, do not leave the pan unattended while the oil is heating.

 

Manufacturers of the pans and stoves can play their part in preventing these household cooking fires by having temperature regulators built into the pan and stove to prevent the oil from reaching the flammable temperature. They can also provide proper warnings on the pans and stove on how to prevent and extinguish cooking fires.

 

The oil manufacturers should also provide large warnings on the containers warning users of the severe burns that can occur if the oil catches fire.

12/18/2008
Larry
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A Company is Not Heroic for Obeying a Recall

A judge in California recently ruled that lawsuits agains Wal-Mart and other large retailers can move forward.

The lawyers for Wal-Mart et al. made the argument that since they obeyed the recall and ordered replacements for the products that they were selling that the lawsuit was not necessary.

There are two problems with this argument. First, the products were toys that contained either high levels of lead or small, detachable magnets that could very easily be swallowed. And second, a recall is not an optional thing. If a company is ordered to recall certain items, there is no room for negotiation. Following a recall doesn't make you a hero anymore than obeying the speed limit does.

The judge in this case made the right decision in allowing the lawsuits to proceed, and he also made the right decision in not letting the retailers in these cases refuse to pay for medical tests for the people who bought the products in question.

You would be surprised how often large corporations use the argument that something is "too costly," and you would be even more surprised as to how often judges and juries accept that line of reasoning.

Product liability cases are no laughing matter, whether they occur in California, New York, Miami or anywhere else.

If you or a loved one has been injured in Miami due to a product that is faulty, contact Miami Injury Attorneys Klemick and Gampel for a free legal consultation today.



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