Florida Product Liability Lawyers
Every Floridian uses countless products every day. If a person is injured by one of these products, they may be entitled to compensation for their injuries and damage. A poorly designed tire, improper airbags of a car that cause injuries, pet treats that result in health issues or defects in prescription drugs are all examples of defective products that can lead to product liability claims. Product liability lawsuits often arise when consumers suffer an injury, illness or accident because of a product they believed was safe.
In this post, we will discuss Florida product liability laws and show you how you can receive compensation if a defective product causes you harm.
Florida Product Liability Laws
When a person spends their hard-earned dollars on a particular product, they expect it to fulfill their requirements and not cause any harm to them, provided they use it as directed. Product liability law exists to help compensate people in an event a product injures them. Three basic kinds of product defects fall under product liability law. These are:
1. Design Defects
The product is unsafe because of its design.
2. Manufacturing Defects
Product’s design might be safe, but something went wrong during the manufacturing process which made it unsafe for its intended use.
3. Failure to Warn
The product’s design is alright and it is manufactured properly, but the manufacturer failed to warn about the potential dangers of using the product.
Florida law stipulates that if a particular product falls into any of the three categories discussed above and injures a user during its intended use, then the manufacturer of the product will be liable for the user’s injuries. In addition to the manufacturer, people involved in the product’s design and those involved in its sale may also be held liable.
Spotting Defects Can Be Difficult
Many consumers don’t understand when they can sue the manufacturer of a product or an entity involved in providing them a defective product. Many times the dangers associated with a product aren’t identified years after it has been distributed among consumers. This is why manufacturers don’t recall the product and keep the defects hidden. Product liability cases can cost millions of dollars to companies and significantly affect their brand. Fortunately, due to the strict laws, manufacturers have become more concerned about their products’ quality.
Common Types of Personal Injury due to Faulty Products
Victims may incur financial hardship when a person or business engages in reckless behavior. Unfortunately, victims may not understand the full extent of their legal rights and responsibilities. An experienced, dedicated lawyer can help recover compensation for medical expenses, property damage, lost income, and pain and suffering depending on the type of accident and associated injuries.
Vehicle Accidents: One of the most prevalent causes of personal injury stems from the negligible use of motor vehicles: cars, trucks, motorcycles, boats, and airplanes. While standard passenger vehicles may inflict a considerable deal of damage to people and property, motorcycle and truck accidents are exceedingly devastating in which several parties can be held liable.
Premises Liability: When a residential or commercial property owner fails to maintain their premises in a safe and reasonable manner, severe and debilitating injuries can occur. Premises liability includes a failure to make necessary repairs, provide adequate notice, or mitigate the risk of trips, slips, and falls caused by poor lighting, unsafe stairwells, clutter, or debris.
Product Liability: State and federal regulations hold manufacturers accountable for the safety of their products; however, consumers can sustain serious injury or be wrongfully killed in instances where manufacturers fail to meet industry standards. In cases of vehicle accidents, manufacturers can be held liable if a vehicle’s components contributed to the victim’s injuries.
Nursing Home Abuse: Nursing homes and other long-term care facilities are legally obligated to provide a safe, clean, and nurturing environment for their residents, who constitute the most vulnerable members of our communities. Insufficient staffing, inadequate training, and poor income are strong precursors for nursing home abuse.
Wrongful Death: Unfortunately, accidents caused by another individual’s or business’ conduct can result in the wrongful death of a loved one. Lake Worth families may experience significant financial and emotional hardships caused by the decedent’s absence, for which a legal cause of action can be pursued to obtain pecuniary compensation.
Requirements of the Florida Law
In order for a consumer to prove to the court that the product’s manufacturer is liable for the harm that the product caused, they need to prove three facts:
- The product they were given was defective under any of the categories discussed earlier.
- That defect in the product caused harm/injury to the consumer
- The consumer suffered damage because of the injury that resulted from the defect in the product.
In addition, if a victim is claiming that their injury resulted from a person or entity involved in the product’s supply chain, the victim needs to prove the facts discussed above. Furthermore, the victim must also prove that the party responsible for their injury failed to fulfill the duty of care they owed to them.
For example, an appliance used in the kitchen is defective because the heating coil in the appliance would explode under general use. In this case, the manufacturer of the product may be held liable by showing to the court that the product became unsafe for intended use because of the defected coil and it exploded and injured a user. Moreover, it must be proven that the damage was suffered by the user because of their injuries.
If a retailer is to be held liable, then the victim, in addition to everything above, must prove that the retailer was aware of the product’s unsafe nature and didn’t do anything to protect its customers.
A Product Liability Lawyer Can Help!
Consumers who suffer an illness or injury or have loved ones suffering due to a product liability shouldn’t sit idle. They are entitled to compensation for the damages they suffered because of a defective product. Therefore, they should seek services of a product liability lawyer. Product liability legal matters can grow complicated when left to an inexperienced professional. A product liability lawyer experienced in handling product liability cases in Florida can guide victims to preserve evidence, seek appropriate medical treatment, identify the defect in the product that resulted in the injury and finds the manufacturer of the product or other parties liable for the injury. The lawyer can help victims, seek compensation through the court process or from insurance companies.
Product liability in Florida is one area of the law that every lawyer cannot handle. Since you’ll be going against a corporate entity that is well-funded and has many experienced defensive lawyers, you need to have a strong attorney on your side. A skilled and experienced product liability attorney can contact forensic experts to evaluate the defects in a product. Moreover, they can calculate the cost of the injuries you suffered because of the defect and find evidence to show that the manufacturer was aware of it and didn’t do anything.
If you have been injured by a defective product or your loved one has suffered an injury because of the same, contact the experienced Florida product liability lawyers at Shiner Law Group. Call us at (561) 777-7700 or fill our online form for a free consultation. Discuss your situation with us and see how we can represent you at the court to ensure that you receive compensation for your damages. We will evaluate your claim and advise you of all your rights and options. We will stand by your side against the well-fortified manufacturer who may threaten you and try to deny your claim.