Defendant's Attorney: Catherine Wesely Higgins

Description: West Palm Beach, Florida personal injury lawyer represented the Plaintiff on a product liability property damaged theory claiming burns from a defective pressure cooker.

This case was filed in the 15th Judicial Circuit in and for Palm Beach County, 50-02023-CA-010843-XXXX-MB, and was removed to federal court by the Defendant.

"Florida Product Liability law is based on the theory of negligence. This means that in order to succeed in a product liability lawsuit, the plaintiff must prove that the defendant (the manufacturer, distributor, or seller of the product) breached a duty of care and that this breach caused the plaintiff's injuries.

There are three main types of product liability claims in Florida:

Design defects: A design defect occurs when a product is inherently unsafe due to its design. For example, a car with a defective gas tank that is easily ignited in a collision would have a design defect.
Manufacturing defects: A manufacturing defect occurs when a product is not made to the manufacturer's specifications. For example, a toy with a small part that can easily detach and become a choking hazard would have a manufacturing defect.
Failure to warn: A failure to warn claim occurs when the manufacturer or seller of a product fails to warn consumers of the product's risks. For example, a drug manufacturer that fails to warn consumers of the drug's potential side effects could be held liable for a failure to warn.

To succeed on a product liability claim in Florida, the plaintiff must prove the following four elements:

The product was defective.
The defect was the proximate cause of the plaintiff's injuries.
The defendant owed the plaintiff a duty of care.
The defendant breached its duty of care.

The plaintiff must also prove that they suffered damages as a result of the product defect. Damages can include medical expenses, lost wages, pain and suffering, and property damage.

If the plaintiff is successful in their product liability claim, they may be awarded compensatory damages, punitive damages, or both. Compensatory damages are intended to reimburse the plaintiff for their losses, while punitive damages are intended to punish the defendant for their wrongdoing.

If you believe that you or a loved one has been injured by a defective product, you should contact a product liability attorney to discuss your legal options. An attorney can help you investigate the claim, determine whether you have a valid case, and file a lawsuit on your behalf."

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Outcome: 09/05/2023 12 Agreed MOTION to Consolidate Cases For the Purpose of Discovery and Transfer to Judge Martinez by Shirley Johnson. Responses due by 9/19/2023 (Attachments: # 1 Text of Proposed Order Order Granting Motion to Consolidate Cases for the Purpose of Discovery and Transfer to Judge Martinez)(Baca, Gabriel) (Entered: 09/05/2023)
09/13/2023 13 ORDER of Transfer to Judge Jose E. Martinez for all further proceedings, accepted and signed on 9/8/2023. Judge Aileen M. Cannon no longer assigned to case. Signed by Judge Aileen M. Cannon on 9/8/2023. See attached document for full details. (kpe) (Entered: 09/13/2023)
09/14/2023 Cases associated. (nan) (Entered: 09/18/2023)
09/14/2023 14 ORDER CONSOLIDATING CASE. ORDER granting 12 Motion to Consolidate Cases. ORDERED AND ADJUDGED that the above-captioned action is CONSOLIDATED into Olguin v. Sunbeacm Products, Inc., Case No. 22-cv-60259-JEM (the Main Case) for discovery purposes. The Court reserves judgment on consolidation for trial. All further pleadings and filings in connection with this case shall be filed in the Main Case. The Clerk of Court is Directed to file a copy of this Order in the above- captioned case. The Clerk is further DIRECTED to ADMINISTRATIVELY CLOSE Case No. 23-81022-CIV-MARTINEZ. Signed by Judge Jose E. Martinez on 9/14/2023. See attached document for full details. (nan) (Entered: 09/18/2023)
09/18/2023 Civil Case Terminated. Closing Case. Per Order, DE# 14 . (nan) (Entered: 09/18/2023)
09/18/2023 15 [DUPLICATE ENTRY OF DE# 14 ]. ORDER CONSOLIDATING CASE. ORDER granting 12 Motion to Consolidate Cases. ORDERED AND ADJUDGED that the above-captioned action is CONSOLIDATED into Olguin v. Sunbeacm Products, Inc., Case No. 22-cv-60259-JEM (the Main Case) for discovery purposes. The Court reserves judgment on consolidation for trial. All further pleadings and filings in connection with this case shall be filed in the Main Case. The Clerk of Court is Directed to file a copy of this Order in the above- captioned case. The Clerk is further DIRECTED to ADMINISTRATIVELY CLOSE Case No. 23-81022-CIV-MARTINEZ. Signed by Judge Jose E. Martinez on 9/18/2023. See attached document for full details. (nan) Modified on 9/18/2023 (nan). (Entered: 09/18/2023)

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