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Florida Court Affirms $13 Million Verdict in Wrongful Death Product Liability Case

The Florida Third District Court of Appeals has upheld a $13 million verdict in a wrongful death product liability case litigated by The Haggard Law Firm, led by attorneys Pedro Echarte and Todd Michaels, along with co-counsel Ernesto Santos of HALPERN | SANTOS | PINKERT, and Haggard Law appellate attorney Jim Blecke. This decision, which stems from a verdict in Miami-Dade County Court in July 2023, involves the carbon monoxide poisoning death of Matthew Burns, a beloved father of two, resulting from his use of a piece of equipment he rented from Sunbelt Rentals, Inc. 

Court’s Decision on Expert Testimony

The court’s ruling addressed the defendant’s objections regarding the testimony of two plaintiff’s experts under the Daubert standard, as well as the claim that one of the Estate’s experts provided “surprise” testimony. Sunbelt Rentals, the defendant in the case, argued that excluding this expert testimony would have left the record insufficient to support the jury’s verdict and requested an entire dismissal of the case. The appellate court rejected these arguments and affirmed the jury’s decision, ensuring justice for the Burns family (click below to read the court opinion). 

The Tragic Incident and Preventable Death

On July 12, 2019, Matthew Burns tragically lost his life due to carbon monoxide poisoning while operating a “Shot Blaster” machine, which he had rented from Sunbelt Rentals. Attorneys Echarte, Michaels, and Santos argued that Sunbelt Rentals was negligent in renting out the equipment without the necessary safety equipment, including a carbon monoxide monitor, and failing to warn Mr. Burns of the need for such equipment. Sunbelt was aware that the machine would be used in indoor or partially enclosed environments, putting operators like Mr. Burns at serious risk for carbon monoxide poisoning. The legal team further highlighted that Sunbelt Rentals failed to follow the manufacturer’s instructions and warnings in the machine’s manual. As per the manufacturer’s safety guidelines, Sunbelt should have informed Mr. Burns to use a portable carbon monoxide monitor and ensure he received proper training before operating the machine. 

Matthew Burns’ Family’s Heartbreaking Loss

Matthew Burns left behind his wife and their twin children. Through their dedicated legal work, The Haggard Law Firm has ensured that the Burns family received justice for their devastating loss and highlighted the urgent need for better safety standards in the rental equipment industry. 

Experienced Attorneys in Complex Product Liability Cases

The Haggard Law Firm has a proven track record in handling some of the most complex product liability cases nationwide. Our team has represented families affected by dangerous products ranging from faulty theme park rides to defective boating equipment, unsafe sports gear, and hazardous pool drains. We are committed to helping victims of product failures seek justice and compensation for their losses.

Contact The Haggard Law Firm’s Trial Lawyers

Child Dies in Michigan Hyperbaric Chamber Explosion

(Stock Image – This is not the chamber referred to in this story)

Friday a 5-year-old boy died in an explosion inside a hyperbaric chamber at The Oxford Center in Troy, Michigan. First responders found the boy dead inside the chamber, and his mother, who was standing next to it, suffered arm injuries. The incident occurred during hyperbaric oxygen therapy, which uses high-pressure oxygen to treat various conditions, though the exact cause of the explosion remains under investigation. The Oxford Center, which has been providing such therapy for 15 years, expressed sorrow and vowed to cooperate fully with the investigation.

This tragic event has brought renewed attention to the risks of hyperbaric therapy, especially in non-FDA approved treatments. Hyperbaric chambers, which operate in a pressurized, oxygen-rich environment, are highly combustible, and the explosion is thought to have been fueled by the oxygen present.

A Similar Tragedy: Francesco Martinisi’s Fatal Journey

The recent tragedy in Troy echoes a devastating case from 2009 when 4-year-old Francesco Martinisi, who had cerebral palsy, died in a hyperbaric chamber explosion at a clinic in Lauderdale-by-the-Sea, Florida. Francesco’s grandmother also perished in the fire. The Haggard Law Firm represented the family in the wrongful death product liability case. During the case The Haggard Law Firm’s Michael Haggard discovered that the clinic used outdated equipment, contributing to the explosion. Haggard’s efforts helped secure justice for the Martinisi family, but the case highlighted critical safety failures in hyperbaric treatment.

A Call for Greater Accountability

The Haggard Law Firm continues to fight for families affected by similar, preventable tragedies and is stressing the need for stronger safety regulations in hyperbaric therapy centers. “There is no excuse for these types of incidents,” Haggard said. “Stricter oversight and safety protocols are essential to prevent further tragedies.”

Michael Haggard

As investigations into the Troy incident unfold, the hope is latest tragedy will prompt reforms in hyperbaric therapy practices. For now, the families involved are left grappling with a devastating loss.

To contact The Haggard Law Firm click here

$26 Million Policy Settlement in Non-Fatal Drowning Case in Las Vegas

The Haggard Law Firm, led by Michal Haggard and Kimberly Wald, along with co-counsel, Gregory Kraemer of Morgan & Morgan secured a $26 million policy limits settlement in a near-fatal drowning case involving a 2-year-old boy. Jasper Richard, suffered a catastrophic brain injury after gaining access to an apartment complex pool in Las Vegas, Nevada. The incident, which took place in May 2023 at the Summer Winds apartment complex, has brought attention to critical issues related to pool safety and property management.

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$7.35 Million Settlement in Negligent Security Wrongful Death Case in Palm Beach County

The Haggard Law Firm’s Todd Michaels and Joshua Padron , along with co-counsel David Scheiner and Stratton Shiner of the David Smiley of the Scheiner Law Firm, recently secured a **$7.35 million settlement** in a negligent security wrongful death case in Palm Beach County, Florida. This settlement underscores the firm’s continued commitment to advocating for victims and their families in the face of unimaginable and preventable loss. 

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Landmark Settlement in Negligent Security Case: The Haggard Law Firm Secures $28.9 Million for Teen’s Life-Altering Injuries

In a significant victory for victims of preventable crime, The Haggard Law Firm, led by Managing Partner Michael Haggard and partner Douglas McCarron, has successfully secured a $28.9 Million settlement in a catastrophic injury negligent security case stemming from a shooting incident involving a teenager. This case not only highlights the need for adequate security measures in residential complexes but also raises critical questions about the implications of recent tort reform in Florida.

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$8 Million Negligent Security Wrongful Death Settlement in Central Florida Shooting

The Haggard Law Firm, led by attorneys Michael Haggard and Adam Finkel, and with Osbourne & Francis as co-counsel, secured a significant victory in a negligent security wrongful death case that underscores the importance of proper security measures in residential properties. The firm obtained an $8 million settlement for the family of a 19-year-old who was gunned down due to negligent security at Highgate Apartments in Orange County, Florida.

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$2 Million Fatal Drowning Case Settlement Reached with City of Miami Beach

The Haggard Law Firm’s Douglas McCarron along with co-counsel Mark Brumer, has secured a $2 Million policy limit settlement in a fatal drowning case against the City of Miami Beach.

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The Haggard Law Firm Announces Two New Partners

The Haggard Law Firm is very proud to announce the promotion of trial attorneys Kimberly Wald and Adam Finkel to partner.

“Since each of their first moments with our law firm, Kim and Adam have individually shown their commitment, skill, and passion to fight for clients to the dominant standard The Haggard Law Firm expects. They have both delivered impressive results in a variety of case types while also assuming important leadership positions within the legal community locally and nationally.”

– Michael Haggard, Managing Partner, The Haggard Law Firm
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$1.3 Settlement in Drowning Case Against Airbnb

The Haggard Law Firm’s Kimberly Wald and Michael Haggard have secured a $1.3 Million policy limit settlement in a drowning case against short-term vacation rental giant Airbnb.

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$2 Million Policy Limit Settlement in Near Drowning Case Involving Toddler

The Haggard Law Firm’s Adam Finkel and Michael Haggard, co-counsel Kevin Edwards of Edwards Injury Law secured a $2 Million policy limit settlement for the family of a toddler who nearly drowned and a good samaritan who saved him.

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