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    Different Types of Defective Product Liability Claims

    Last updated 12 days ago

    As a consumer, you should be able to use products for their intended purpose without suffering an injury. If a product causes an injury, you may be able to file a defective product liability claim against the product designer, manufacturer, labeler, or distributer. Read on to learn more about the most common types of defective product liability claims:

    Defective Design

    All product designers have a duty to design their products with a reasonable standard of care. If a major design flaw causes an injury, the injured party may hold the designer legally responsible for damages—particularly if the designer knew of the flaw and did nothing to correct it. One example of a defective design is a vehicle gas tank with an explosive flaw that causes death and injury.  

    Manufacturing Flaws

    Even if the design is reasonably sound, there’s no guarantee that the end product will be safe. There are countless ways in which a product might be incorrectly manufactured at a factory: a machine might break down, a batch of food might become contaminated, or a product could come off the assembly line with a missing part. If a defective product reaches a consumer and causes an injury, the negligent company that made the product could be held liable for damages.  

    Improper Labeling

    Product manufacturers are also responsible for making sure their products have ample warnings for customers. These warnings must provide crucial safety information that may not be obvious to the average person. For example, medications must have the potential side effects listed on the packaging. If an individual suffers an unexpected side effect or injury despite using the product as directed, the injured individual may have a valid personal injury claim.

    It can be difficult for a layperson to identify a viable product liability claim. If you have recently been injured by a product, consider contacting the Daytona Beach personal injury lawyers of Chanfrau & Chanfrau. We’re proud to serve the innocent citizens of Daytona Beach and elsewhere on the Palm Coast.  

    How Common Are Construction Accidents?

    Last updated 15 days ago

    Though construction is a noble and important field, construction jobs come with a significant amount of risk. Every year, thousands of construction workers get injured by falling debris, electrical shock, and wayward vehicles. Much of the time, these injuries are caused by another’s negligence, which leads injured individuals to seek compensation for damages. Here’s a brief look at construction accidents and what you can do if you become the victim of one.

    Number of Accidents

    According to the Occupational Safety and Health Administration, about 4,400 workers were killed on the job in 2012. Of these workers, over 800 lost their lives while working construction-related jobs. Though conditions are getting better for construction workers, injury rates are still high; about 4 out of every 100 construction workers suffer non-fatal injuries on the job, according to the Centers for Disease Control and Prevention. Of course, there are likely many more injuries that aren’t reported.  

    Most Common Causes

    As you can imagine, the average construction site has a considerable number of risks. Of all the fatalities in construction, 36% occur because of a fall from a high place. Being struck by an object and getting electrocuted are also common construction injuries. Some construction workers get caught in machinery or between tight spaces. Some injuries are complete accidents that couldn’t have been prevented, but most are the result of negligence.

    Legal Recourse

    Regardless of how you are injured on a job site, you are entitled to workers’ compensation. If you suffered an injury because of someone’s negligence, you may decide to sue the negligent party for damages. If your construction firm fails to maintain a crane, for example, and you suffer an injury as a result, you could hold the construction firm legally responsible for your medical bills, lost wages, and pain and suffering.

    The personal injury attorneys at Chanfrau & Chanfrau have years of experience representing construction workers and those who work in other high-risk fields. In addition to personal injury cases, our lawyers can handle cases involving employment discrimination, employment contracts, and wage disputes. Call (877) 358-8085 or visit our website to learn more. 

    An Overview of Florida Wage and Hour Laws

    Last updated 18 days ago

    To be successful, all businesses must strike a balance between treating their employees fairly and earning a profit. Sometimes, Florida businesses overstep the bounds of the law for the sake of maximizing their bottom line. If you believe that you have been exploited by your employer, it’s important that you seek legal representation. Here’s a brief overview of wage and hour laws in Florida.

    Minimum Wage

    At the moment, the federal minimum wage is $7.25/hour and the Florida minimum wage is $7.93/hour. However, the minimum wage for tipped employees in Florida is $4.91/hour, as customer tips are factored into their pay. However, there could be a problem if tips do not bring the total wage up to the state minimum wage. If you suspect that your wages are below Florida’s minimum, consider setting up a meeting with an attorney.   

    Breaks and Vacation

    In Florida, all employees under the age of 18 must be granted a minimum of 30 minutes for a meal break after 4 hours of continuous work. Florida does not require employees older than 18 to take breaks—not even for lunch. Still, most businesses offer their employees some kind of break. Florida has no laws requiring employers to provide paid leave; however, if employers include vacation time in a contract, they must honor the terms of the contract.

    Overtime

    Florida does not have any laws regarding overtime for employees. However, federal overtime laws apply in the state of Florida. Florida employees must be paid one and a half times their regular hourly wage for every hour worked past 40 hours in a given week. If you believe that your employer owes you overtime wages, a skilled attorney can help you obtain those wages.

    Chanfrau & Chanfrau is a Daytona Beach law firm with years of experience representing workers who are treated unfairly. We also help injured workers file personal injury claims against their employers. If you have any questions about employment law or personal injury law, call us at (877) 358-8085. 

    Your Guide to Florida Auto Insurance Coverage

    Last updated 21 days ago

    If your vehicle holds a valid Florida license plate, you are required to obtain insurance coverage throughout your entire registration period. To remove your insurance policy obligation, you can turn your license plate and registration in at your nearest driver license or Tax Collector office. Upon returning to Florida, you can register your vehicle once again, obtaining different levels of Florida auto insurance coverage policies.

    Personal Injury Protection insurance

    Also referred to as Florida No Fault Insurance, Personal Injury Protection Insurance helps protect you in an auto accident, regardless of fault, up to your particular policy limit. In addition, PIP insurance covers your children, members of your household, and some passengers who don’t have their own PIP insurance, as long as they don’t own their own vehicle. In Florida, PIP insurance also protects your children if they are involved in an accident while riding a school bus.

    Bodily Injury Liability insurance

    If you caused an auto accident, which resulted in serious and permanent injury to others, Bodily Insurance Liability insurance covers injuries up to the amount provided in your policy. In addition, BIL insurance can help you pay for personal injury attorney representation if the injured party sues. BIL insurance also protects you and other members of your policy if the accident occurred while you were driving another person’s vehicle.

    Property Damage Liability insurance

    Sometimes, motor vehicle accidents result in damage to property. If you have Property Damage Liability insurance as part of your auto insurance policy, it helps protect you and your family members if you are liable for damage to another person’s property. If you are moving from another state of residence, you can ask your Florida agent to transfer your current insurance to Florida. Failure to do so can result in suspension of your driving privileges.

    Call (877) 358-8085 to schedule a consultation with a personal injury attorney of Chanfrau & Chanfrau. Our Daytona Beach lawyers are advocates for people who sustain injuries due to another’s negligence. In addition to personal injury law, we handle Employment and Labor cases, including wage and hour disputes. 

    Motorcycle Safety Tips for Experienced Riders

    Last updated 26 days ago

    Even though riding a motorcycle is one of the most exciting ways to explore Daytona Beach, it is also considerably dangerous. For this reason, you need to learn what to do and what not to do when you’re navigating the city on only two wheels. No matter how experienced you are when it comes to riding your motorcycle, there are always steps you can take to make your journeys safer. 

    Wear riding gloves

    Like most motorcyclists, you likely understand the value of wearing a helmet, but wearing gloves can also add a layer of protection in the event of an accident. If you are involved in a motorcycle accident, you will likely instinctually reach your hands out during your fall. A simple pair of leather gloves will help you come away from a minor accident with only a few scratches. In a minor accident, wearing motorcycle-riding gloves can help prevent even breaking the skin.   

    Refrain from using the front brakes first

    As a motorcyclist, you have to always be on the lookout for cars quickly changing lanes, animals running into the street, and exit signs appearing out of nowhere. Every beginner knows not to slam on the front brakes, but you may not realize how important that is until you need to execute an emergency stop. If you are riding in a situation where quick stops may be called for, keep your speed low enough for you to safely stop using both brakes.

    Practice slowing in

    If you hit the brakes in the midst of turning a corner, you will likely disrupt your weight distribution. This is especially true if you are traveling at a faster speed. Remember to always brake before you begin turning into the curve and wait to speed up until you are coming out of the curve.

    If you are involved in a Daytona Beach motorcycle accident, please contact Chanfrau & Chanfrau at (877) 358-8085. Our personal injury attorneys are committed to helping clients receive the compensation they deserve for their injuries. We also specialize in wage and hour disputes and whistleblower retaliation claims.  



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