Articles Tagged with “product liability”

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Since 2014, Leesfield Scolaro has represented multiple victims of accidental gun discharge, including by “drop fire” where a loaded firearm discharges upon impact with the floor without the trigger ever being pulled.

The increase in accidental gun discharge cases has gone hand-in-hand with the increase in gun sales in the United States – and the numbers are telling. Between 2006 and 2016, the number of firearms processed by the National Firearms Act Branch (NFA) which maintains the National Firearms Registration and Transfer Record has skyrocketed. In 2006, the NFA processed 296,127 firearms. In 2016, that number jumped by 850% with 2,538,397 processed firearms.

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Why has this unprecedented increase in gun sales resulted in the explosion of accidental gun discharge cases in last decade?

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We all know that consumer products can be dangerous if used improperly. Everything from vacuum cleaners to jet skis have large, orange warning decals posted on them instructing users, “READ THE OWNER’S MANUAL PRIOR TO USE.” In the owner’s manual, users will find an extensive composition of warnings, diagrams, and instructions for the safe use of the product.

Owner’s manuals are often the focal point in product liability cases where it is alleged that a product is dangerous or the manufacturer failed to provide adequate warnings. In such cases, trial lawyers will introduce owner’s manuals to point out the adequacy or inadequacy of warnings and instructions.

Surprisingly, owner’s manuals are largely ignored by trial lawyers in personal injury cases involving presumptively safe consumer products. Our firm has handled many cases in which hotels, attractions, and tour operators have severely injured our clients by misusing OM.gifconsumer products. Parasailing ropes break, picture frame supports fail, beach umbrellas fly into guests, bungee cords snap, and the list goes on.

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