Warning!! Are you Reading those Labels?

reading labels
man reading warning label

Make sure you read all warning and instruction labels before use of products.

Tampa parents buy a “hover board” for their teenager, and within a week, the device causes a fire that almost burns the house down. The young operator did nothing incorrectly. The device has a defect that made it prone to erupting in flames. Isn’t the manufacturer liable for damages?

Across town, a family’s housecleaning grandmother decides to pour the contents of two apparently identical cleanser bottles into an empty container. Grandma suffers severe chemical burns as a result of this seemingly practical move. Who is responsible for her accident and injuries?

While these nightmares are occurring, up in Vermont a cousin is operating a snow blower when its blades become clogged. Just as the instructions indicate, he turns off the blower’s motor, waits a minute, then tries to unclog the blower blades with his bare hand. Emergency room doctors have to amputate three of his fingers. Who is to blame for this tragedy?

Thankfully, these are hypothetical cases, but for this fictional family, the pain and suffering may be far from over. The extended family could be looking at the prospect of extensive medical care, loss of employment, and even the need for new housing, in addition to other expenses. No one in the scenarios described above was being deliberately negligent. But at least two of them could argue that they have grounds for potential legal action based on failure to warn. This terminology refers to a manufacturer’s failure to provide adequate warnings or guidance about the product’s correct usage. Laws in this area can and do change – sometimes offering more legal protection to accident victims and at other times to offending manufacturers – which makes the criteria for determining true “failure to warn” negligence, on the manufacturer’s part, often difficult to ascertain and understand. This is why legal counsel is particularly recommended in such cases.

All product users have a responsibility to read warning labels, follow instructions, and use products correctly. But manufacturers have responsibilities as well. When manufacturers fail to adequately warn of dangers inherent in uses that are reasonably foreseeable,the right attorney can help clients seek and recover the compensation – and justice — they deserve.





dog attacks
dog attacks

Involved in a dog attack? Talk to a Tampa Dog-Bite Attorney.

Dogs have been our trusted allies for years — they have stood by the side of kings and soldiers, helped sniff out bombs and led blind people across streets, and made excellent and faithful pets for legions of families. However, dogs are still animals and as such are capable of attacking without warning. Florida victims of dog attacks and bites should contact a competent Tampa dog-bite attorney to discuss the legal rights and obligations that arise as the result of an attack.

Injuries From a Dog Bite

Dog bites most often cause simple lacerations, as the dog’s teeth pierce the skin of the victim. Occasionally, the bite may be deep enough to sever tendons or impact muscles, nerves, and/or bones. In the latter case, a trip to the doctor is recommended, as a medical professional can examine the wound and determine whether it will heal on its own or if surgery is necessary.

Whether or not a doctor is involved, be sure to clean any laceration following a dog bite. Cleaning the affected area can help lessen the chance for an infection. If the wound is deep, receiving sutures can help close the wound and prevent obvious scarring.

How to Avoid Dog Bite Injuries

It is important to be able to read a dog’s body language and understand its behaviors in order to avoid serious injury. When a dog is feeling threatened or aggressive, it tends to stiffen and growl or bark. Usually, its ears will be pinned back to the head as well. When faced with this situation, you should not run or make any sudden movements — simply walk slowly backwards without making direct eye contact with the animal.

There are also certain ways that you should treat a dog, especially one that is unfamiliar with you. Do not rapidly approach the dog; instead, let it come to you at its own pace. Offer your hands so that the dog can smell them and determine that no true threat exists.

Man’s best friend? Of course — but be careful. If an incident does occur, your best bet is to contact a Tampa personal injury attorney experienced in dog-bite cases. Wagner, McLaughlin & Whittemore would be happy to go over your options with you and decide collaboratively on the best course of action.


train accident


train injuries

Always be safe when a train comes your way.

Florida is railroad country! Whether you’re driving and come to a railroad crossing or you’re walking along the railroad tracks, there are some safety precautions that you need to follow so that you don’t get hit by a train. Even during the daylight, train engineers might not be able to see you clearly while you’re on the side of the tracks. This is why you need to pay attention to the lights and the sounds that come with trains so that you can be sure to move a good distance from the tracks.While you’re in the car, pay attention to the tracks as you are approaching the area. You can usually see a large train in the distance and gauge whether your vehicle can make it over the tracks before the crossing arms are lowered. If you see that the arms are lowered or that there are red lights over the tracks, you need to stop and wait for the train to pass. Remember that there are times when crossing guards might malfunction, so proceed cautiously!

Even if the train has stopped a short distance up the track, it could become mobile in a short time with no warning. Listen for horns blowing as this is often a signal that the train is approaching a crossing area. The Tampa attorneys at Wagner, McLaughlin & Whittemore can help in a case that involves injuries or a death resulting from a collision with a train.

If you’re walking along the railroad tracks at night, wear clothing that is visible to others, in bright colors such as reflective orange or yellow. Never cross the tracks for any reason until you get to a safe area, such as the crossing bars. You don’t want to risk getting a shoe or a foot stuck on the rails while seeing a train coming down the track. Even if you see a train pass you, there could be another behind it that you don’t hear because of all the noise from the train that just passed. A Florida railroad accident lawyer can offer assistance if you are injured by a train while walking, or can help families who have had loved ones die due to train injuries. Wagner, McLaughlin & Whittemore is here to help.

witness personal injury
witness personal injury

If you are injured, it’s good to have a eyewitness. Let Wagner, McLaughlin & Whittemore help you gather the information needed for your case.

Who are Some of the Most Important Witnesses for Your Tampa Personal Injury Case?

A witness is someone who has information that is or may be relevant to the issues presented in a particular case. Who are some of the most important such witnesses?


The people who saw the incident that led to the personal injury are extremely important, for obvious reasons. Eyewitness testimony can provide a clearer picture of what happened, thus resulting in an improved understanding of the underlying incident or events giving rise to the claim.Such testimony can and often does provide proof of the incident when other means fail or are unavailable.


Expert witnesses: Experts are often needed to prove certain more sophisticated elements of a claim. Causation is one area where expert testimony is often needed. For example, if you claiming that the malpractice of a doctor resulted in injury to you,expert testimony from a respected doctor, willing to testify that the incident caused you harm, can be critical to your success.


Before and After Witnesses: Finally, your friends, family members, and even other acquaintances can be surprisingly important in a personal injury case. After all, they are the ones who knew you both before and after the incident, meaning that they have the best idea of what has changed about you because of your personal injuries. As a result, they are critical for establishing the impact that the incident has had on all aspects of your life.


To learn more about building your Tampa personal injury case, do not hesitate to contact the experienced attorneys at Wagner, McLaughlin & Whittemore.We have the experience and passion needed to help guide you in your time of need.Call our office at (800) 360-6439 to schedule an appointment today!


personal injury consultation
personal injury consultation

Going to see a personal injury lawyer like Wagner, McLaughlin & Whittemore Law, don’t forget your papers.


If you or your loved one has been injured in an accident that was not your fault, you should consider finding an experienced personal injury lawyer to help you understand your rights and options. When meeting with your Tampa personal injury lawyer for a consultation, you will want to give that attorney as much helpful information as you can, so that he or she may accurately evaluate your case. Here are some of the things you should bring to get the most out of your personal injury consultation.


Medical Records and Bills
These are crucial documents in any personal injury case evaluation. If you were injured in the accident, you likely sought help in a medical facility. Upon your request, your doctor or medical provider should give you detailed records showing what procedures were performed, the cost of care, and contact information for the nurses and doctors who provided the treatment. Your medical records will help establish liability and enable your attorney to assess the strength of your potential lawsuit.


Bring any relevant evidence you may have about the accident to help your lawyer build a strong case. Provide any information you may have such as police reports, photographs from the scene of your injury, names of potential witnesses, or any other evidence of how the accident happened. You will be asked to give a recount of the circumstances that led to the injury, so taking notes as soon as possible, following the accident, may be of great help.


Pay Stubs
If the accident caused considerable damage that will make you miss work or permanently affect your performance potential, pay stubs or other indications of job salary can help your attorney establish those potential damages.


Insurance Policy Information
Your attorney can help you review and determine what is and isn’t covered by your insurance policy. .


Be sure to bring any communication received from the other party or insurance company to your personal injury consultation. With this information, your attorney can get a clearer picture of the disputed areas and prepare accordingly.


Finally, prepare a list of questions to take with you to your consultation. Your attorney will want to answer all of your questions.

Bringing all of these items will help your Tampa personal injury lawyer better prepare for the case with a smooth start.