The little known concept of statutes of repose can further restrict your ability to get compensation under statutes of limitations.

Most everyone is familiar with the concept of statute of limitations. But many in the general public have never heard of the statute of repose. The two are similar in that they each limit the amount of time that legal proceedings based on a particular event can be initiated. But a statute of repose takes a statute of limitations further, limiting the time allowed under the statute of limitation and in some cases, barring a claim being brought altogether.

Products liability cases in Florida are subject to both statutes of limitations and statutes of repose, often called nonclaim statutes. Products liability law allows victims to bring legal action for injuries caused by the defective design, manufacture, distribution, or sale of personal property. Here in the Sunshine State, the statute of limitation for products liability cases is four years from the date the victim knew or should have reasonably known that his or he injuries were caused by the product in question, unless a death results from a defective product. In such cases, Florida’s Wrongful Death Act imposes a two-year statute of limitations.

However, the statute of repose can further limit a victim’s ability to secure financial compensation for his or her injuries, depending upon when the product was originally made or sold.

Florida’s statute of repose provides that “under no circumstances may a claimant commence an action for products liability, including a wrongful death action or any other claim arising from personal injury or property damage caused by a product, to recover for harm allegedly caused by a product with an expected useful life of 10 years or less, if the harm was caused by exposure to or use of the product more than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product.”

Thus, if the defective product that caused injury to you or your dependents originally was made or sold to the final retailer before 2000, you may be unable to secure compensation.

In any products liability case, time is of the essence. Contact an experienced products liability lawyer with Jacksonville’s Harrell and Harrell at 800-251-1111.

Slip and fall cases are among the top five most common personal injury claims, attorneys with Jacksonville’s Harrell & Harrell say.

Personal injury law is a complex multi-faceted legal field. And it’s a busy one! According to the U.S. Centers for Disease Control’s National Center for Health Statistics, there are 32 million emergency room visits each year due to injuries – nearly 180,000 of which result in death.

When a person’s actions or negligence causes injury to or the death of another, it can be difficult to measure the losses. For injured victims, medical care and costs can persist for years. Lost wages and future loss of earning capacity also demand compensation, but a fair amount is not easily calculated. And of course, there is no dollar amount that can make up for the loss of a loved one.

Personal injury attorneys with Jacksonville’s Harrell and Harrell specialize in helping victims secure fair compensation for their losses in the event of a serious injury or death. Among the top PI claim types are:

• Traffic / Auto Accidents: More than 6 million traffic accidents occur annually in the United States. These involve not just motor vehicles, but bicyclist and pedestrians as well. And America’s growing addiction to their smart phones and other mobile devices mean roadway accidents are on the rise.
• Workplace Injuries: Upwards of 3 million non-fatal workplace injuries are reported each year. Another 5,000 are fatal. Today’s tight economy and scarcity of jobs mean the actual rate is likely much higher, as many employees are afraid to report injuries. But depending upon the severity and frequency, injuries to necks, backs and limbs can significantly reduce a victim’s ability to continue making a living.
• Assault: The U.S. Bureau of Justice reported more than 2 million simple assault cases in 2010 alone. Many of the resulting personal injury claims come in conjunction with other issues including domestic violence, drug or alcohol abuse or workplace violence. But it’s not just bodily injury that assault claims cover. Victims often can seek damages for emotional distress as well.
• Slip and Fall: Each year, more than 8 million slip and fall accidents happen, with upwards of 540,000 resulting in disabling injuries. They’re the single most common reason for emergency room visits and can cost an average $28,000 in medical and physical therapy bills, and lost wages.
• Products Liability: Unsafe medical devices, defective furniture and electronics, faulty children’s toys – all have led to product liability claims numbering an estimated 20,000 filed each year, and they’re among the costliest. Products liability cases have the second highest median damages awards, averaging $300,000 per claim.

If you or your dependents suffer bodily hurt due to the actions or negligence of another, contact an experienced personal injury attorney immediately. Jacksonville’s Harrell and Harrell, with offices throughout Northeast Florida, in Orlando and in South Georgia, specializes in PI cases of all types. Contact us at 800-251-1111.

Dole has recalled more than 1000 bags of romaine lettuce in more than 6 states from stores in Georgia, Kentucky, North Carolina, South Carolina, Tennessee and Virginia. A sample of lettuce tested positive for listeria.

More than 30 people died in 2011 from listeria contaminated cantaloupes that were linked to Jensen Farms in Colorado.

I did not find any news on Dole’s website concerning this recall.

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The US Consumer Product Safety Commission (CPSC) along with American Tack and Hardware, Inc of Saddle River, NJ (AmerTac) have announced a recall of Amertac’s LED Night Light. Approximately 227,000 of these LED Night Lights were produced and sold to the public. AmerTac has received 25 reports of faulty night lights. The problems reported include smoking, burning, charring and melting. Thankfully no injuries have been reported. The recall does not mention any personal property damage or fires so I can’t comment on that aspect, but certainly it is a big safety concern. The LED Night Lights suffers from an electrical short circuit which causes it to overheat, melt and potentailly spark a fire in your home.

Three different models of night lights are being recalled. The product can be better identified by following the link to the CSPC recall announcement or by going to the company’s website, www.amertac.com . To prevent potential personal injury or propert damage, consumers should immediately stop using these defective night lights and contact AmerTac for refund info.

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Most people have no idea what kind of insurance they have until AFTER they get into an auto accident. Every state is different when it comes to required coverages for your automobile. Florida is considered a “NO-Fault” state because of our required coverage or lack thereof. People call us all day long and tell me until they are blue in the face that they have full coverage. The definition of full coverage varies greatly from caller to caller. Have you ever heard the saying – you can never have enough insurance? What kind of insurance should you have?

The answer to that question also varies tremendously. In my opinion, the most important coverage you can carry in Florida is UM or under/uninsured motorist coverage. How do you know if you carry any or enough of this coverage? Find out BEFORE you have a car accident. Call your insurance company or agent to have them clearly explain to you what  type of coverage you have and then ask them what you don’t have. Run through different scenarios in your head to double check that you have not just the state mandated coverage but the coverage to give you and your family peace of mind in the event of an auto accident related injury. If you need some help, give us a call. I’m pretty sure I’ve heard almost every possible scenario you could dream up.

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Stumbled across this page provided by Florida Highway Safety and Motor Vehicles. School will be out soon and more young drivers will be out on the road for summer fun. Gas prices may slow that down a bit but not completely. Please share these tips with your kids and help keep us all safer on Florida’s roads and highways by reducing car accidents and personal injury. I imagine all these tips will work for us grown ups also.

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If you live in the South, this past weekend was a reminder of how hot it can get. Thankfully it looks like today will be our last really hot day for a bit.  We all can do ourselves a favor by acclimating  to the summer heat slowly. Heat illness can come on you like a ton of bricks and be fatal if not treated properly. Everyone likes to think of themselves as tough enough to work outside especially if you’ve lived down here for any length of time but in reality we are all susceptible to the heat and humidity.

Two of the more severe heat illnesses are heat stroke and heat exhaustion. I won’t bore you with my details on handling heat emergencies mostly because I’m not qualified. Here’s a great article I ran across that can explain the signs, symptoms and proper treatment of heat stroke and exhaustion.

Also, don’t forget to take precautions for your pets by ensuring they have shelter from the heat and a plentiful clean source of fresh water.

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Guess what? Toyota is recalling another 2 million vehicles for accelerator issues. They are really getting good at recalling cars. I won’t bore you with my version of the story so here’s a link .

If you’ve been injured by a faulty / recalled product, give us a call or send us an e-mail .

www.harrellandharrell.com

They are at it again – Toyota Motor Co that is!

Toyota is recalling another 1.7 million vehicles worldwide in addition to the huge number of already recalled automobiles over the last couple of years. Their recall is for a potentially dangerous fuel leak issue.

For further info from the manufacturer – click here. If you have been injured in any way due to the defective Toyota products or any other defective product, feel free to call us or contact us online.

www.harrellandharrell.com

Even if you haven’t been outside yet today, you probably have realized that winter cold has arrived in earnest. With temperatures expected to fall quickly below freezing shortly after sunset and bottom out in the teens possibly, everyone’s desire for warmth will be priority number one.

For those of you that supplement  your heat in your home with portable electric heaters, please be careful in their use.

Here’s some info from the CPSC on the setup and use of portable heaters thst should help in the prevention of injury or wrongful death.

Portable Electric Heaters

The Commission estimates that half the deaths and one-third of the injuries resulting from electric heater fires occurred at night when family members were asleep and the heater unattended. The Commission is also concerned about the use of power or extension cords which can be too small to supply the amount of current required by the typical portable electric heater.

You should be able to respond “yes” to the following safety statements.

Recommendations:

• Operate heater away from combustible materials. Do not place heaters where towels or the like could fall on the appliance and trigger a fire.
• Avoid using extension cords unless absolutely necessary. If you must use an extension cord with your electric heater, make sure it is marked with a power rating at least as high as that of the heater itself. Keep the cord stretched out. Do not permit the cord to become buried under carpeting or rugs. Do not place anything on top of the cord.
• Never place heaters on cabinets, tables, furniture or the like. Never use heaters to dry wearing apparel or shoes.

Stay warm tonight and stay safe. Don’t forget to check on neighbors, pets and plants.

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