Toxins Found In Hair Care Products

Statistics indicate the nail and beauty care industries have grown tremendously during recent years and are considered as billion dollar industries. States such as California and Florida are among the most popular regions in the country to have experienced growth in this personal care sector. However, in California, the Department of Toxic Substances Control has issued a report that reveals that products used in some of the state’s nail saloons contained toxic chemicals. Among the chemicals claimed to be found are formaldehyde, toxic trio and toluene. Each of these types of chemicals is dangerous and poses a serious increase of harm to consumers and workers who have been exposed to them. It has also been reported that some consumers have suffered from hair loss due to being exposed to hair products. Some of the common medical complications associated with the exposure of these chemicals are headaches, cancer, birth defect and other illnesses. Recently, in Florida, at least two manufacturers and two Florida-based distributors of hair products have been issued citations from the Occupational Safety and Health Administration (OSHA) for failure to warn and protect their workers from formaldehyde products. 

Formaldehyde is colorless, has a distinctive odor and is comprised of oxygen, hydrogen and carbon. Hair smoothing and hair straightening products are among the products that this compound is found in the hair care industry. Also, this product is so dangerous that it has been described as “known to be a human carcinogen” by the National Toxicology Program.  Under OSHA regulations, workers should only be exposed to the dangerous product for a 15 minute time period. Also, OHSA requires that formaldehyde based products be listed on the material safety data sheet (MSDS), have warning labels and list the side effects of exposure. More so disturbing about the report issued by the state of California’s Environmental Protection Agency is that the sample of products tested claimed to be free of toxic chemicals.

Our Fort Lauderdale personal injury attorneys advises nail and beauty salon owners the best way to protect workers from these chemicals are to simply do not purchase  commodities that contains the toxins. Furthermore, if a worker or a consumer is harmed as a result of an owner’s failure to protect or warn about the hazardous products, then it is possible that the owners could be sued. Also, manufacturers or distributors of these products could be held liable when their products have caused someone to sustain an injury or have been hurt. 

According to the U.S. Department of Labor, in 2011, there were 23 citations issued to salon owners and beauty schools from several states, including Florida. Stiff penalties, such as fines ranging up to $17,500 were imposed against these businesses for failing to protect their workers by overexposing or potential exposure to formaldehyde. If you are a Florida resident and have been exposed to toxic chemicals, including formaldehyde or toxic trio contact our office today to speak with a Fort Lauderdale products liability attorney about your circumstances. Officials from Florida and the federal government continue to investigate these types of claims and our attorneys represent individuals who have suffered a personal injury due to negligence or a defective product. 

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Exploding Electronic Cigarette Causes Florida Man Serious Personal Injuries

Under Florida law, consumers who are injured or die as a result of a defective product can file a personal injury lawsuit to recover damages. In Florida, there are thousands of people each year which are seriously hurt because an unsafe product was placed into the marketplace. Defective products have been associated with causing severe personal injuries, including burn injuries. Recently, a Pensacola man who had been smoking an electronic cigarette suffered significant burn injuries when the cigarette blew up in his face.  “The best analogy is like it was trying to hold a bottle rocket in your mouth when it went off,” said a division chief of the North Bay Fire Department when describing this Florida personal injury accident. Based upon several news reports it appears that the explosion was so forceful that the man sustained severe burn injuries to his face, a partial detachment of his tongue and all his teeth were knocked out. Additionally, the heat from the explosion was so hot that it melted some personal property in the injured party’s residence. He was treated at a burn center in Mobile, Alabama.  

Firefighters say that they have never heard of an exploding electronic cigarette. Our Fort Lauderdale burn injury attorneys realize that this type of accident is rare; however, it is not uncommon for people to suffer from burn injuries caused by faulty products. Chemical hair dyes, defective curling irons and electrical equipment are common causes of burn injuries. So far firefighters have been unable to identify the brand of the electronic cigarette, but regardless, when a product is placed into the stream of commerce, consumers expect the product to be safe and in good condition when they are using it for its intended use. Since this is not always the case, when a person is hurt or die because of defective products the manufacturer or retailer could be held liable for negligence, strict liability or consumers may file a lawsuit based on breach of warranty.

In a Florida defective product liability suit based upon negligence, the consumer must prove that the defendant’s faulty product caused the injury and the defendant was at fault. Further the types of recoverable damages in a negligence action of this type typically include monetary compensation for personal injury or property damage. On the other hand, in a strict products liability action, the consumer must prove that the specific product was attributable to the defendant, had a defect and the defect caused the injury. Medical expenses, loss of income; and pain and suffering are among the common types of recoverable damages based upon strict liability.

Based upon the unique facts of a consumer’s claim, our Fort Lauderdale products liability attorneys may have to rely upon breach of warranty as the basis for liability. Under Florida law when a retailer sells goods of the kind involved in the transaction to a consumer a contract is formed. If the seller makes a statement which represents to the consumer about its product and is relied upon by the consumer there may evidence of an express warranty. Alternatively, an implied warranty is warranty assurance that the product is fit for its ordinary or intended purpose. Most warranty actions are based upon implied warranties, and if it is determined that the seller knows or has reason to know that the consumer has made a purchase for a particular purpose and has relied upon the seller’s skills, then there is an implied warranty.

It would be against public policy to allow manufacturers or retailers to escape liability when they have placed products into the marketplace that harms or kills a person. However, may attempt to do so by blaming and arguing that the consumer caused the defect. But our Fort Lauderdale personal injury attorneys are committed to serving the safe interest of the public by helping those who have suffered personal injuries from defective products. If you believe that a faulty product caused your injuries or death of a loved one, contact our office to consult with an attorney about your case.

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Food Borne Diseases Can Cause Serious Personal Injuries

On Wednesday, the Centers for Disease Control and Prevention reported that 12 cases of the E. coli food poisoning has surfaced in five states from raw sprouts of the national sandwich chain Jimmy Johns. Our Fort Lauderdale personal injury attorneys learned that despite Jimmy John’s having local restaurants in our community and  the state of Florida is not among the states reported  by the CDC, however this outbreak comes one year after raw alfalfa sprouts from one the chain’s suppliers was linked to 140 cases of salmonella illnesses.

The Associated Press is reporting that federal regulators issued an alert to the public warning them about the potential in acquiring food borne illnesses by eating all raw sprouts. Moreover, representatives of Jimmy John have declined to comment about this most recent outbreak, but have issued prior statements that the company would switch from alfalfa sprouts to using clover statements. Furthermore, although sprouts are believed to be good for healthy eating, they must have warm and humid conditions in order to grow. As a result, they can become very dangerous to the public to consume due to bacterial growth under the required weather conditions.  Also, the government recommends that the elderly, pregnant women, children and those with weak immune systems not eat raw sprouts at all.

Apparently there has been three sprout outbreaks potentially linked to the chain which resulted in lawsuits being filed. It is usual for consumer complaints involving food borne pathogens to be settled outside of the courtroom and in which any compensation paid to those who were injured caused by these products to be held confidential.  Nonetheless, since there are 40 different microbial pathogens which are commonly known to cause human illness, it is possible for a person develop a serious injury. Among these are fungi, parasites and bacteria and can often be discovered in food products such as eggs, lettuce and bean sprouts.  If you or a loved one has sustained a serious illness, or death, you should contact our Fort Lauderdaleproduct liability lawyers to discuss your case.

Moreover it is familiar understanding that food handling errors are a major cause of the serious injuries and death among those who have experienced a food borne disease. Food can become contaminated due to employees not following the appropriate storage procedures or mishandling of food and their cooking utensils. While a substantial number of cases of food borne diseases can be traced to commercial or institutional establishments, it is often that these companies will attempt to shift fault to the consumer by claiming that it was the consumer who failed to properly handle their products. Nevertheless, it is a company’s responsibility to know about the potential risks of pathogens in their food and to take precautionary methods to prevent people from being harmed by their product.

It is important to contact our Fort Lauderdale personal injury lawyers shortly after you have discovered that contaminated food was the cause of you or a family member’s personal injury or death. These types of cases are very complex and require thorough investigation of the facts. An attorney can assist you with identifying the entity that should be ultimately being held responsible for causing you injury. It is possible that you could have a legal claim and be awarded damages for your injuries.