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Why you and your family are safer today than they were 80 years ago. Tort Reform Part IV

Eighty years ago there was very little corporate accountability. When people were maimed or killed they had to look to family and neighbors for support. Serious injuries caused by defective products was many times more common than it is today.  Was it fair for corporations to make vast amounts of money yet not be accountable for the harm it caused? The courts said no. Everyone is supposed to pay their own way so-to-speak and that should apply to corporations like railroads, steel mills, and utility companies. The corporations were getting a free ride. The courts helped to put a stop to this irresponsible behavior.

The courts began developing a body of case law around 1920 that institutionalized fairness for those injured by defective products and by negligent acts of corporations. One important outcome of this was that society became safer. Railroads, traffic lights, medicine and automobiles just to name a few began a series of risk management procedures to improve safety and reduce risk. The same is true in the practice of medicine. Why did it take the court's rulings to make this happen? Very simple; liability encourages responsibility. Corporations pay attention to the bottom line. If a defective product causes the corporation to lose money then it will stop making the product or make the product safe.

For More Information On Tort Reform:

Part I

Part II

Part III

Danger in the Walls?

Imagine sitting in your home, and suddenly your television stops working. Three weeks later, you find yourself replacing your refrigerator. The air condition repairman has been to your house three times in the past month, replacing the copper coils over and over. You get random bloody noses and you constantly have a sinus headache and infection. You're sick of being sick!

Chinese drywall can possibly be the cause of these problems. Although expert studies have not been conducted to show the results of the drywall in homes throughout Florida and the United States, homeowners have independently complained about similar health problems and electronic issues in their homes and they all have one commonality: Chinese drywall being used in their home.

Lawsuits are popping up all over the state, suing builders, manufacturers, and distributors, but so far nothing has been done. Awareness of the problems associated with Chinese drywall is being created through webpages such as Chinese Drywall.com  where homeowners can go to see what exactly the drywall is and how they can tell if it is in their home.

The idea that builders sought out cheaper and more easily accessed drywall options during the housing boom is not the issue. However, did they know about the dangers associated with the drywall? Did they place it in the homes anyway? These are the important issues.  Government studies are currently being conducted to answer these very questions.

Contact an experienced Florida attorney to help you through this challenging and horrific experience, if you believe Chinese drywall is in your home.

For more information:

How Do I know if Chinese Drywall is in my home?
What do I do if Chinese Drywall is in my home?
Some Facts and Information about Chinese Drywall
The Controversy over Chinese Drywall

Smoked fish recall, tips

If you're injured by this smoked fish dip that is being recalled or any other food product, save a sample of the product along with proof of purchase (if available), notify your medical providers of your suspicion, and contact an experienced Florida personal injury lawyer. 

At Jeffrey Meldon & Associates, PA. We're here to help you.

Not quite the “Top Performer”, Suzuki’s GSX-R1000 motorcycle is recalled. Don’t be misguided again!

According to Suzuki's Official website, "At Suzuki, we want every ride to be safe and enjoyable. The key is the motorcycle's (GSX-R 1000) ability to do precisely what the rider wants, when the rider wants, how the rider wants. ... It's called Total Performance.... and is what makes the Suzuki GSX-R1000 the Top Performer".

It appears Suzuki has missed their goal on this one.  

Suzuki's recall states the problem with the bike (a defective frame cracking causing the front wheel to fall off) only occurs under extreme conditions when extreme pressure is put on the front wheel, such as in collisions or doing wheelies.  Suzuki feels this type of driving is "reckless" and does not condone it. 

It would make sense to me, a motorcycle accident injury lawyer for 37 years, that wheelies must certainly be included in the motorcycle's description of "Total Performance" and the "Top Performer" and is what riders were looking to be between their legs when they purchased it; a "Top Performer", not a delicate, whimpy trike.  Bikes should be designed to be ridden lawfully, and be constructed without defect allowing the rider to go over pot holes and pop a wheelie safely.  

I urge any rider that has been injured due to the defective construction of this bike, to consult a lawyer immediately.  Even though Suzuki's wording in the recall notice states that they are not responsible, the law states differently, don't be misguided by Suzuki again.   

 For more info: Don't be tricked by Suzuki! Suzuki GSX R-1000 motorcycle recalled.