Articles Tagged with Naples injury attorney

Published on:

dangerous exercise equipment Naples injury lawyerPhysical fitness hype – as well as exercise equipment purchases – soared the past few years, as Americans sought ways to get in shape while also spending more time at home. While cardio and lifting are undoubtedly good for your health, it’s worth pointing out that dangerous exercise equipment has been known to lead to serious injury, sometimes leading to regulatory interventions and lawsuits.

As our Naples injury lawyers can explain, the U.S. Consumer Product Safety Commission, which has regulated workout equipment since the 1990s, has in the last two decades issued more than 80 recalls of exercise equipment and collected millions in civil penalties. Some of these cases have been fairly recent. Among them:

  • A $7.95 million civil penalty against Cybex International, Inc. for failure to immediately report defects of two of its machines: The Arm Curl and Smith Press machines. The CPSC says each created an unreasonable risk of serious injuries. According to the agency, a weld on the Arm Curl machine can fail, causing the handle to unexpectedly separate and strike the user in the face. The company received 85 consumer reports of broken handles and serious injury – including one person who permanently lost their vision. Yet the manufacturer didn’t inform federal safety regulators, as required by law. Same with the more than two dozen reports the company received involving a weight bar on its press machines. Customers had been paralyzed and suffered spinal fractures when impacted by the bar, but the company didn’t issue a recall or even a notice to the CPSC. Eventually, the arm curl machine was recalled in 2015. The press machines were recalled three years later. Now, in addition to the CPSC’s civil penalties, the company – under new ownership – is enrolled in an enhanced safety compliance monitoring program.
  • A $6.5 million civil penalty against Core Health & Fitness LLC for failure to immediately report a defect creating an unreasonable risk of serious injury involving its Dual Adjustable Pulley Machines and Cable Cross Over Machines. According to federal product safety regulators, the fitness equipment manufacturer knew that the height-adjusting carriages on its machines had the ability to loosen and fall, potentially causing serious injury risk. The company had fielded 55 user injury reports pertaining to this issue – including nearly a dozen that resulted in lacerations to the head, some requiring staples or stitches. Yet the company didn’t turn this information over to safety officials, as required by law.
  • The popular Peloton Tread+ was recalled by the company last spring after the CPSC issued a warning following numerous instances where small children (and one pet) were injured after being trapped, pinned, and pulled under the rear roller of the machine. At the time of that warning, there were at least 39 incidents of it happening – and one child’s death. Consumers using the product in a home with children were urged to immediately stop using the device. Further, all objects – including exercise balls and other equipment – were urged to be kept away from the treadmills.

These are just a few of the recently-reported exercise accident incidents, injuries caused by dangerous or malfunctioning workout equipment are nothing new.

Who is Liable for Dangerous Exercise Equipment Injuries?

Continue reading

Published on:

Naples injury attorney

Florida law requires that police be called when a motor vehicle crash occurs. The investigating officer will arrive and be tasked with documenting the scene, interviewing witnesses and preparing a crash report.

At the same time, the Fifth Amendment to the U.S. Constitution guarantees those accused of crimes the right to refuse to answer questions that could be used against them in a criminal proceeding. To prevent a possible constitutional violation, Florida law has carved out something called accident report privilege (which is not exactly a privilege, but more on that later). Basically, statements made to an investigating officer for purposes of completing the crash report can’t be used in criminal proceedings OR a civil injury lawsuit.

As a Naples injury attorney can explain, there are a lot of different reasons for this protection – constitutional and otherwise. But it’s important to note because it could have a negative (or positive) impact on your ability to recover damages from the at-fault driver. The good news is that if you work with an experienced attorney, he or she can usually obtain that same information elsewhere – especially when the details can still be gleaned during the discovery process. Continue reading

Published on:

Naples injury lawyerMost people who file damage claims for personal injuries from a car accident, slip-and-fall or some other incident won’t have to worry about the prospect of a compulsory medical exam.¬†As a Naples injury lawyer can tell you though, this changes if you actually file a lawsuit.

A compulsory medical exam (sometimes referred to as a “CME”) is a medical examination of a plaintiff or defendant in a personal injury lawsuit at the request of the other party (usually of the plaintiff at the request of the defense). Per Rule 1.360 of the Florida Rules of Civil Procedure, parties to personal injury lawsuits have the right to request an examination when “the condition of the subject in question is in controversy.” In other words, the other party is asserting doubt about whether the injury in question is as severe as one claims. An “independent” doctor is called upon to conduct their own medical exam and put forth their conclusions.

We put the word “independent” in quotations because the choice of medical examiner typically rests with the requesting party, who must establish to the court that they have “good cause” for the request.

The reason most injury claimants needn’t worry about this is because most Florida personal injury claims are resolved in settlement negotiations – without the need for a lawsuit or long before a trial begins. But even if your case does not ultimately go to trial, preparing for one may require you to undergo a CME. An experienced Naples injury lawyer can tell you what to expect and what you need to know. Continue reading

Published on:

Naples injury lawsuitSuccess in a Naples personal injury lawsuit is going to depend on dozens of factors that are specific to your case. These can include the degree of the other person’s carelessness, what type of insurance you have, what pre-existing conditions you have, and whether there were complaints or verdicts against the defendant for similar conduct.

Some of these elements are more nuanced than they initially appear. That is why it is so important to consult with an injury attorney who has extensive experience handling tort claims before writing off your chances of winning.

Understand that personal injury attorneys in Florida accept these cases on a strict contingency fee basis, meaning they are not paid unless you prevail. That means injury attorneys have ample incentive to be frank about your chances of winning, and it helps to know some of the aspects they are considering. Continue reading

Justia Lawyer Rating for Jeffrey R. Garvin
Florida Legal Elite 2016
Super Lawyers
Million Dollar Advocates Forum
The Best Lawyers in America
Martindale-Hubbell
American Association for Justice
Florida Justice Association
Contact Information